Order 9

Order Details: COPY OF ORDER
Pdf Text: DLCT120003032026
IA 01/2026
(applicant B Naresh)
in
CC NO. CBI 73/2026
CBI VS. BADMANABAN NARESH @ B. NARESH & ORS.
RC NO. 221/2026/E/006
24.09.2026
Present: Ms. Jyoti Solanki, Ld. Substitute PP for the CBI.
IO Sh. Jugal Kishor Joshi, Dy. SP, EO-III in person.
Sh. Raghunatha Sethupathy B and Ms. Pariksha, Ld.
counsel for accused B Naresh. (A-1).
(1) Vide this court, I shall dispose of the regular bail application of
B. Naresh (A-1).
(2) Ld. Counsel for the applicant/accused submitted that the
accused is innocent and has been falsely implicated in the present
case. It is further stated that the accused has no previous criminal
antecedents and is himself a victim of the circumstances. It is
submitted that the accused is a bonafide business man who is running
a hotel/ lodge with the name M/s Dreamcatcher Stay Inn and he has
no connection with the alleged offences. It is submitted that he has
been falsely implicated in the present matter at the instance of his
employees namely Laxman Singh and Guloulung Kamei who have
made a false incriminating statement against him to the IO, while they
themselves are the principal offenders along with one Shiva and
Rakesh with whom they got acquainted during their stay in his lodge.
However, he has no association with them apart from the above stated
professional relationship.
(3) It is further stated that the accused has no involvement
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whatsoever in the incorporation, management or operation of M/s
Panlogistics Services Private Limited and the mere fact that certain
persons employed by the petitioner were allegedly shown as directors
of another company cannot, without independent material establishing
mens rea or active participation, implicate the petitioner in the alleged
conspiracy. It is further stated stated that applicant herein has no
connection with the fake website bearing the URL
scigovjudicial.com.
It is further stated that the accused herein has not been alleged to have
directly or indirectly induced any victim to part with money. It is
further stated that no recovery of any proceeds of crime has been
made by the prosecution from the accused till dated and the amount of
Rs. 3Lacs was received by him in his business account for providing
lodging facilities in the ordinary course of business and the same
cannot be treated as proceeds of crime.
(4) It is further stated that the accused has spent more than 97 days
in custody. Charge sheet has already been filed and thus the detention
of the applicant/accused in custody would serve no useful purpose,
particularly when the investigation against him has been concluded. It
is submitted that the accused has deep roots in society and has a fixed
place of residence, there is no likelihood of tampering with evidence
or absconding. It is further submitted that the accused is willing to
comply with any and every conditions imposed by this court for his
release. It is further submitted that though the accused is resident of
Chennai, he is also willing to shift his residence to Delhi and ensure
his appearance before CBI as well as this court whenever required. It
is therefore prayed that the accused may be enlarged on regular bail
upon appropriate conditions.
(5) Per contra, Ld. Substitute PP assisted by IO submitted that the
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allegations against accused B. Naresh are extremely grave and involve
organized cyber fraud, cheating, criminal conspiracy, forgery,
personation and laundering of the proceeds of crime. It is further
stated that the accused is an active member of an organized criminal
syndicate engaged in defrauding innocent citizens through Digital
Arrest frauds. It is further submitted that there is sufficient evidence
on record to point towards the guilt of the accused. It is submitted that
there is proof of conversation between the accused herein and the CA
who caused the registration of the company M/s Panlogistics Services
Private Limited clearing establishing his role. It is further stated that
though the accused has submitted that Rs. 3Lacs were received by him
from the alleged co-accused persons namely Shiva and Rakesh (yet to
be apprehended) as consideration towards the use of lodging facility
in his hotel / lodge, the accused during interrogation did not provide
any records pertaining to the stay of the alleged accused persons in
support of his submissions.
(6) It is further stated that the accused did not cooperate with the
investigation of the present case. It is further stated that on
18.06.2024, when IO along with his team and local police authorities
visited the premises of the accused to interrogate him and cause his
arrest, he deceitfully left the premises and locked the CBI and Tamil
Police from outside during search.
(7) It is further submitted that though the charge sheet in the
present matter has been filed, further investigation regarding co
accused persons, trail of proceeds of crime etc. are underway and the
accused may be required during the same for confronting him with
incriminating evidence which may be discovered during the further
investigation.
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(8) Heard. Considered. Record perused.
(9) Briefly stated, it is the case of the prosecution that some
unknown accused persons after creating a fake website bearing the
URL
scigovjudicial.com deceptively resembling the official website
of the Hon'ble Supreme Court of India, i.e.,
www.sci.gov.in., used it
to send notices to various victims and cheat them of their hard earned
money by way of impersonation, digital arrest, extortion etc. It is
further stated that during the investigation a total 66 bank accounts
were found to have been used for receiving cheated amounts from
victims, out of which, 23 accounts belonged to individuals whereas 43
accounts were maintained in the names of companies/firms; that
approximately Rs. 81 crore representing proceeds of crime was routed
through them. One of such account was found to be listed in the name
of M/s Panlogistics Service Pvt. Ltd. wherein the employees of the
present accused namely Laxman Singh and Guloulung Kamei were
found to be named as Directors. The said employees in their
interrogation have feigned ignorance about the company and the bank
account and has instead made incriminating statement against the
present accused. Further, another witness PW Sh. Arivazhagan
Murugesan who was the CA has also submitted regarding the
involvement of the present accused. It is also worth noting that the
accused during his investigation did not provide any satisfactory
explanation of the incriminating circumstances against him and also
could not produce any document to establish that the amount of Rs.
3Lacs received by him was in pursuance of the invoice related to the
stay of the other co accused persons. Nevertheless, even if the above
prima facie incriminating evidence is ignored, the conduct of the
accused during the investigation and at the time of his arrest cannot be
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viewed leniently and has to be considered to point towards the strong
possibility that the accused will abscond upon seeking release. Even
otherwise, further investigation in the present matter is due and the
present accused may be required for identity and arrest of co-accused
Shiva and Rakesh who are yet to be apprehended.
(10) Therefore, considering the serious nature of the offence, its
geographical expanse, the number of victims, the amount of cheated
money involved and the need of accused for further investigation and
the possibility of him absconding upon release, I do not consider it to
be a fit case for grant of bail at this stage. The bail application of the
accused B. Naresh is accordingly disposed of as dismissed. Same be
tagged with the main file.
(11) Copy of this order be given dasti, as prayed for.
(Amardeep Kaur)
ACJM-02-cum ACJ
RADC/New Delhi/24.09.2026
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