Delhi Court Denies Bail To Man Accused Of Duping Japanese citizens Through Tech Support

Additional Chief Judicial Magistrate (ACJM) Jyoti Maheshwari of Rouse Avenue Court denied bail to Kapil Ghakhar, who is alleged to be a key link in a larger cybercrime network.

The Court held that the conspiracy had a transnational dimension, causing harm to numerous innocent Japanese citizens, and required careful and unhindered inquiry.

“The accused in the present case is an important link in the larger chain and his involvement in the offence has been clearly established as the recipient of the illegal proceeds of crime. The offence involved in the present case has transnational ramifications and involves the cheating of several innocent Japanese citizens, for which co-operation has also been sought from the National Police Agency of Japan,” the Court said in its order.

The magistrate further observed that much of the evidence in the case is digital in nature and is currently stored on online servers, making it prone to tampering if the accused were to be released on bail. The multi-factor authentication protecting these digital traces, she explained, could easily be manipulated by the suspects.

“Moreover, there is a strong possibility that if the accused is released on bail, at this stage, he may alert the other co-accused involved in the present offence, which may derail the course of the investigation. This court is in agreement with the submissions of CBI, that if the accused is granted bail at this stage, he may alert his business associates/ accomplices, which is likely to lead to the destruction of crucial evidence in the present case,” the order read.

According to the CBI’s submission, the scam was orchestrated through clandestine call centres that masqueraded as legitimate customer service operations. The fraudsters allegedly manipulated victims into believing their computers were compromised by viruses and malware. Subsequently, the victims were directed to phone a fake technical support number.

Once the phone connection was made, the callers were coerced into downloading remote access software, allowing fraudsters to control their devices and extract sensitive financial information. The suspects then routed the fraudulently obtained funds into mule accounts to avoid detection and recovery.

“It has been clearly stated in the reply to the bail application, that the accused did not reveal the source of receipt of bitcoins and the purpose for which the bitcoins were further sent by him. Therefore, the arrest of the accused was deemed essential on the ground of proper investigation,” the Court added.

The CBI further informed the court that extensive digital material and documents were recovered during their search operations, which collectively demonstrated the large scale of the conspiracy. The preliminary analysis of these materials revealed advanced techniques, employing social engineering and technical subterfuge, to manipulate victims into parting with their hard-earned money.

The CBI maintained that the suspects frequently used fake virus alerts and pop-up messages on malicious URLs to alarm their targets. Subsequently, the fraudsters insisted their victims call a phone number to resolve the fake issue. Once connected, the callers were tricked into granting remote access, allowing the suspects to extract financial details and transfer funds to mule accounts.

Considering all these factors, the seriousness of the offence, the vulnerability of the digital trail, and the potential for the accused to influence or destroy crucial evidence, the Delhi Court held that this was not a fit case for the release of Kapil Ghakhar on bail.

Case Title: Kapil Ghakhar v. CBI