Cyberfraud gets bail due to no CBI charge sheet after 90 days of arrest

New Delhi, May 20 (PTI) An alleged cyber criminal who ran an illegal call centre to scam foreign nationals was granted bail by a special court here because the CBI could not file its charge sheet against him within the statutory 90 days after his arrest.

The CBI had arrested Rahul Shaw from Siliguri on February 17 during a raid at his premises for allegedly running "a sophisticated virtual asset supported cybercrime network that has been targeting German nationals since 2021." The central probe agency conducted the raids against cyber criminals under Operation Chakra IV, based on information received from German authorities.

"During 2021-2022, the accused individuals allegedly conspired to target the German victims by gaining unauthorised remote access to the victim's computer systems and bank accounts, under the pretext of offering tech support services," the CBI had said in a statement.

The agency said Shaw and his accomplices allegedly informed their Germany-based targets that their bank accounts had been compromised.

"Claiming that their funds were at risk, the accused, allegedly, manipulated the victims into transferring Euro 646,032 to cryptocurrency wallets controlled by them," it had said.

The agency, however, could not submit its charge sheet against Shaw within the statutory 90 days period after his arrest, making him eligible for default bail.

Shaw, who has been in judicial custody, approached the special court with a plea that he be released on bail because the CBI could not file a charge sheet within the statutory period.

The CBI informed the court that a charge sheet had not been filed in the case as the investigation was still pending. The agency did not oppose the bail plea.

Granting default bail to Shaw, the special court noted that the time period for filing the chargesheet in the matter is 90 days, but it has already lapsed from the date of transit remand.

"This court is of the considered opinion that right under Section 167(2) CrPC (default bail) being an indefeasible fundamental right, the same cannot be curtailed and the benefit of the provision contained in Section 167(2) CrPC must go to the accused," Additional Chief Judicial Magistrate Neetu Nagar said. PTI ABS VN VN