Somnath Prajapati vs State (Nct Of Delhi)

Headnote AI-drafted · Reviewed and approved

The petitioner Somnath Prajapati sought regular bail under Section 439 read with Section 167 Cr.P.C. in connection with FIR No. 211/2022 registered at PS Special Cell, Delhi, for offences under Sections 420/467/468/471/120B IPC read with Sections 66C/66D of the Information Technology Act, 2000. The prosecution alleged that the petitioner, along with his maternal uncle Navneet Prajapati, ran an Aadhaar Centre through which they fraudulently used biometrics and photographs of unsuspecting persons to prepare fake Aadhaar Cards, which were then used to open 35 fictitious bank accounts with HDFC Bank for availing personal loans, vehicle loans and credit cards totalling outstanding dues of Rs. 1.26 crore.

During investigation, several incriminating materials were recovered from the petitioner, including 91 forged identity documents (Aadhaar Cards, Voter ID Cards and PAN Cards), 12 vehicles procured through fraudulent loans, 18 mobile phones, 18 debit cards, 8 silicon fingerprints used for Aadhaar operations, and various household items purchased using credit cards issued on fake identities. Charge sheet was filed on 25.10.2022 followed by a supplementary charge sheet on 13.04.2023. The petitioner was identified as having personally opened five bank accounts in assumed names and taken delivery of vehicles using forged documents.

The bail application was contested by the State and the complainant, who opposed grant of bail on grounds of the gravity of the offences, the systematic and organised nature of the fraud, and the extensive material recovered during investigation. The Court examined the rival contentions including the petitioner's claim of false implication and the prosecution's detailed account of the modus operandi, evidence recovered, and the petitioner's alleged active role in the conspiracy.

Catchwords: bail · regular bail · cheating · forgery · forged identity documents · Aadhaar card fraud · banking fraud · fake bank accounts · vehicle loan fraud · credit card fraud · information technology offences · impersonation · organized crime · charge sheet · supplementary charge sheet · silicon fingerprints