Mr. Vijay Singh, Advocate v. STATE

O R D E R 11.03.2025 By way of the instant application, the petitioner seeks grant of regular bail in case arising out of FIR bearing no. 43/2022, registered at Police Station, Cyber Police Station, Delhi for the offences punishable under Sections 170/419/420/467/468/471/120B/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) read with Section 14 of Foreigners Act, 1946. 2. Briefly stated, the facts of the present case are that the complainant, Dr. Amanat Kaur, received an Instagram request from one Mark Peterson on

29.06.2022, and who introduced himself as an ‘American Airlines Pilot’ based in London, he claimed Indian ancestry and gradually gained her trust. On 12.07.2022, co-accused/Mark Peterson alleged that his flight had been rerouted to Singapore, and he had forgotten his debit cards and cash. Requesting financial help, he had persuaded the complainant to transfer Rs. 30,000/- to an IDFC Bank account. A few days later, citing further delays and deductions, he had again convinced the complainant to send an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29 additional Rs. 70,000/- to an Axis Bank account. Later, claiming to be visiting India, he sought her assistance. On 25.07.2022, the complainant had received a call from a man named Sachin who posed as a Mumbai Airport Customs officer, stating that co-accused/Mark Peterson needed to pay Rs. 45,700/- for excess luggage. Believing it genuine, the complainant had transferred the amount in multiple transactions. A few hours later, she had received another call from the same person, claiming that Mark Peterson was carrying 50,000 pounds in cash, which required an Anti-Terrorist Certificate and an additional payment of Rs. 1,65,000/- in Indian currency. The complainant, upon being repeatedly requested by both the Custom Officer and Mark Peterson, had transferred the said amount to bank accounts, allegedly belonging to the Customs Department. In the following days, the complainant had continued receiving calls from Sachin, who had demanded additional payments under various pretexts, including foreign currency conversion charges, and Ministry of Finance clearances. The complainant had transferred amounts of Rs. 4,33,000/-, Rs. 10,25,150/-, Rs. 5,00,000/-, and Rs. 1,50,000/- in separate transactions to different bank accounts as instructed. Eventually, when she had refused to make further payments, another individual identifying himself as George from the Ministry of External Affairs had threatened her, stating that her involvement in helping a foreign national could lead to legal consequences. Fearing repercussions, the complainant had transferred an additional amount of Rs. 5,17,605/-, bringing the total amount to Rs. 19,11,305/-. Upon realizing that she had been defrauded, the complainant had lodged an online complaint, following which an inquiry had been conducted. The investigation had revealed that the accused had executed a well-planned conspiracy to cheat This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29 the complainant and several others, using the same modus operandi. Based on the findings, an FIR had been registered under Sections 170, 419, 420, 120B, and 34 of IPC, and the matter had been assigned for further investigation. During the investigation, it had been revealed that the entire scheme had been orchestrated by a group of individuals, including the present applicant/accused Isaac Chukwuma Okorie. On 15.12.2022, the police had arrested co-accused Kamal Kumar, who had disclosed the involvement of present applicant/accused with African nationals executing the fraud. He had led the police to a location in Santgarh, Tilak Nagar, West Delhi, where the present applicant/accused Isaac Chukwuma Okorie, and co-accused Ofosu Gabriel had been found and arrested. From the possession of present applicant/accused Isaac Chukwuma Okorie, several items including multiple mobile phones, a laptop, pen drives, and forged documents impersonating the Ministry of Finance and the RBI, which had been used to deceive victims had been recovered. Mobile numbers linked to fraudulent activities had also been recovered from his devices. The investigation had further revealed that the accused had been coordinating with others, including Kamal Kumar, to execute the fraudulent scheme. 3. Learned counsel for the applicant argues that the applicant has been in custody since 16.12.2022, and despite the charge sheet having been filed on

17.03.2023, the charge has not yet been framed against the accused. It is argued that the prosecution has cited 40 witnesses, and given the present stage of the matter, the trial is likely to take an unreasonably long time to conclude. It is further argued that the petitioner has already undergone continuous incarceration for approximately two years and one month This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29 without significant progress in the case. Moreover, the petitioner has neither induced the complainant nor made any direct contact with her, nor has he received any payment in his personal capacity or in any account linked to him. Furthermore, it is argued that the evidence in the present case is documentary in nature, and already in the custody of the investigating agency. Since the charge sheet has been filed, there is no possibility of tampering with evidence. The learned counsel argues that the petitioner has clean antecedents and has never been apprehended or prosecuted in any other similar case. Being a permanent resident of Nigeria, he was last residing in Delhi and has deep-rooted ties in society, which negates any apprehension of absconding or misusing bail. In light of the above submissions, it is prayed that the petitioner be released on bail. 4. Learned APP for the State, on the other hand, argues that the allegations against the applicant are serious in nature, as he had impersonated an RBI officer to deceive the victim. It is submitted that during the investigation, four small phones, two smartphones, one laptop, one dongle, and two pen drives containing various mobile numbers, email data, and fake photographs of doctors and pilots used for impersonation were recovered from the applicant. It is further contended that the applicant is an active member of a syndicate of African nationals engaged in large- scale online fraud, targeting innocent victims across India. Additionally, WhatsApp number 8798807482, linked the applicant, contains incriminating chats and offensive documents. The cheated amount has not been recovered or returned to the complainant so far. The complainant has also identified the applicant’s voice as that of the purported RBI officer who misled her. Furthermore, it has been revealed that the applicant entered India This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29 on 07.09.2012 and has been residing here illegally since then. Given the gravity of the offense and the applicant’s illegal stay, it is prayed that the present bail application be dismissed. 5. This Court has heard the arguments addressed by learned counsel for the applicant/ accused and learned APP for the State, and has perused material on record. 6. Allegations against the present applicant/accused, Isaac Chukwuma Okorie, are that he was part of an organized fraud syndicate that deceived the complainant, Dr. Amanat Kaur, into transferring Rs. 19,11,305/- under false pretenses. It has been alleged that the present applicant/ accused along with co-accused, impersonated officials of the RBI and Customs Department to mislead the victim. 7. A perusal of the case file reveals that the accused, Isaac Chukwuma Okorie, had impersonated an RBI officer to deceive the complainant, Dr. Amanat Kaur. During the investigation, the complainant had identified his voice as the one she had spoken to while being misled into transferring large sums of money. The accused had used various phone numbers and digital platforms to create a false identity and gain the victim's trust. 8. During the search of the accused’s premises, multiple electronic devices were recovered, including four small phones, two smartphones, one laptop, one dongle, and two pen drives containing extensive data on mobile numbers and email addresses, which have allegedly been used to execute the crime. The accused’s Acer laptop was sent for forensic analysis, which confirmed the presence of fake letters purportedly from the Ministry of Finance and the Income Tax Department. These documents, addressed to the complainant in the name of "Mark Peterson," fraudulently demanded Rs. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29 4,33,000/-, further corroborating the accused’s role in the conspiracy. 9. A perusal of the case file further reveals that a Nokia mobile phone with IMEI No. 357163832450436, along with multiple SIM cards, was recovered from the present applicant/ accused. These SIM cards were used impersonate customs officials and demand payments from complainant. The mobile phone data linked the accused to fraudulent calls made to the victim. 10. During the course of investigation, it was revealed that the present accused/ applicant is allegedly an active member of a syndicate of African nationals engaged in online cheating. The investigation also reveals that the accused, along with his associates, allegedly targeted victims by impersonating officials and coercing into making fraudulent transactions. During the course of investigation, it was also revealed that the WhatsApp number used by the accused contained certain chats and offensive documents, which indicated a well-planned and organized fraud scheme involving multiple individuals. The accused and his syndicate were linked to allegedly 1,136 complaints of online fraud across India. 11. According to the Immigration Bureau, the accused had arrived in India on 07.09.2012 and had been residing illegally since then. His continued presence in the country without valid documentation raises serious concerns regarding his activities and legal status. The visa of the accused was sent for verification and was found to be fake, confirming his illegal stay in India and further reinforcing the allegations of his involvement in fraudulent activities. 12. Thus, considering the overall facts and circumstances, and that device used for the commission of the offence has been recovered from the present This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29 applicant/ accused, and that there is serious allegations that the accused persons are linked to multiple instances of online cheating across the country, this Court is not inclined to grant bail to the accused at this stage. 13. Accordingly, the present bail application is dismissed. 14. It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression on the merits of the case. 15. The order be uploaded on the website forthwith. MARCH 11, 2025/vc SWARANA KANTA SHARMA, J Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:04:29