Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SH.AMIT BANSAL
ASJ-02, PATIALA HOUSE COURT, NEW DELHI
Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
O R D E R
16.01.2026
1. This order shall dispose of two bail applications u/s 483 BNSS filed on
behalf of applicants/accused 1) Akash Goel and 2) Shailu Kumar Pathak for
grant of regular bail. These two bail applications have been taken up together
as they pertain to the same case and would be disposed of by this common
order.
2. I have already heard the arguments and perused the record.
3. Ld. Counsel for the applicant/accused Akash Goel has submitted that
the applicant is in custody in this case since 12.12.2025, the applicant is
innocent, he is not required for further investigation and has been falsely
implicated in the present case. He further submitted that the applicant has
already voluntarily paid Rs. 1,50,000/- to the complainant/victim Mr. Vivek
Pandey and an affidavit in that regard has also been placed on record wherein
the applicant has given his no objection to grant of bail to the applicant. He
has submitted that any condition whatsoever may be imposed and the
applicant be admitted to bail.
Contd...2.
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Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
4. Ld. Counsel for the applicant/accused Shailu Kumar Pathak has
submitted that the applicant is in custody in this case since 16.12.2025, the
applicant is innocent, he is not required for further investigation and has been
falsely implicated in the present case. He further submitted that the applicant
has already voluntarily paid Rs. 25,000/- to the complainant/victim Mr. Vivek
Pandey and an MOU cum settlement deed dated 16.01.2026 has been today
placed on record. He has submitted that any condition whatsoever may be
imposed and the applicant be admitted to bail.
5. Per contra, ld. Addl. PP for State has submitted that both the applicants
have committed cyber fraud vide which APK file for payment was sent to the
complainant/victim Mr. Vivek Pandey and he was defrauded with an amount
of Rs.1,41,485/- and Rs.1,99,505/- from his Indusind Bank and SBI Bank
credit cards. He has prayed that the bail applications of the applicants may be
rejected.
6. The complainant/victim Mr. Vivek Pandey was also present in the court
along with his ld. Counsel and was identified by the IO SI Jagdeep Nara. The
said complainant/victim stated that he had received part cheated amount of
Rs. 1,50,000/- from the applicant/accused Akash Goel, part cheated amount of
Rs.25,000/- from applicant/accused Shailu Kumar Pathak and part cheated
amount of Rs. 25,000/- from co-accused Ravi Ranjan Priyadarshi. He also
Contd...3.
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Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
stated that he had signed one affidavit with respect to accused Akash Goel and
one MOU cum settlement deed with respect to accused Shailu Kumar Pathak
and co-accused Ravi Ranjan Priyadarshi. He specifically stated that he has no
objection if the applicant/accused Akash Goel and Shailu Kumar Pathak are
admitted to bail in this case. His separate statement was also recorded which
is as under:-
“16.01.2026
Statement of Sh. Vivek Pandey son of Sh. Shiv Shankar Pandey, Aged about
36 Years, At present Resident of Quarter No. 37/17, Piru Vihar, Sadar Bazar,
Delhi Cantt, New Delhi
On SA
I am the complainant/victim of the present case. I have received
part cheated amount of Rs.1,50,000/- from the applicant/accused Akash Goel
through cheque which has already been encashed and part cheated amount of
Rs. 25,000/- from applicant/accused Shailu Kumar Pathak through UPI. I
have also received part cheated amount of Rs. 25,000/- from co-accused Ravi
Ranjan Priyadarshi. I have also signed one affidavit with respect to accused
Akash Goel and one MOU cum settlement deed with respect to accused
Shailu Kumar Pathak and co-accused Ravi Ranjan Priyadarshi. I have no
objection if the applicant/accused Akash Goel and Shailu Kumar Pathak are
admitted to bail in this case.
I am making the said statement voluntarily and without any force
or coercion in the presence of my ld. Counsel Sh. Rahul Gautam, Enrollment
No. D/8189/2020.”
Contd...4.
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Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
7. The case of the prosecution in nutshell is that the complainant/victim
filed a NCRP complaint to the effect that on 28.08.2025, he had received a
call regarding pending payment of BSES electricity bill and thereafter the
scammers had sent him an APK file for payment of Rs. 13/- and thereby he
was defrauded with an amount of Rs. 1,41,485/- and Rs. 1,99,505/- from his
Indusind and SBI Bank credit cards.
7.1 The role of accused Akash Goel is to the effect that he used to login the
recharged CSC wallet provided by the co-accused persons and make third
party bill payments. He after deduction of his commission further
transferred/deposited cash in the accounts provided by the co-accused Ravi
Ranjan and these people were connected in various
whatsapp groups.
7.2 The role of accused Shailu Kumar Pathak is to the effect that he used to
arrange CSC wallet ID from co-accused Ravi Ranjan for calling party in order
to load/recharge from defrauded amount and further the recharged CSC wallet
ID was supplied to co-accused Ravi Ranjan. Subsequently, electricity bills
and LIC premium were paid through these IDs and this fact was corroborated
by the
whatsapp chat history of said applicant with co-accused Ravi Ranjan.
He also used to withdraw/receive the cash from co-accused Ravi Ranjan and
further supplied it to caller party after deduction of his commission.
Contd...5.
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Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
8. Without commenting upon the merits of the case, it is an admitted
position that the complainant/victim has already received part cheated amount
of Rs.1,50,000/- from applicant/accused Akash Goel and has further received
part cheated amount of Rs. 25,000/- from applicant/accused Shailu Kumar
Pathak. He has also received part cheated amount of Rs. 25,000/- from co-
accused Ravi Ranjan Priyadarshi. The complainant/victim Mr. Vivek Pandey
has already given his no objection to the grant of bail to both the
applicants/accused persons, namely, Akash Goel and Shailu Kumar Pathak. It
is also an admitted position that the offence under Section 319(2) BNS is
compoundable by the person cheated whereas the offence under Section
318(4) BNS is also compoundable by the person cheated with the permission
of the court. The applicant Akash Goel is stated to be in custody in this case
since 12.12.2025 whereas applicant Shailu Kumar Pathak is stated to be in
custody in this case since 16.12.2025 i.e. they have already suffered a custody
of about one month in this case and it seems that they are not required for any
further investigation. The prosecution has also not raised any serious
apprehension that if applicants are admitted to bail then they are flight risk or
they may tamper with the evidence. In view of the above said discussion,
period of custody, no objection to bail given by the complainant/victim and
without commening upon the merits of the case, no fruitful purpose would be
served by keeping both the above said applicants in further custody. The
applicant/accused, Akash Goel and Shailu Kumar Pathak are thus admitted to
Contd...6.
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Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
bail on furnishing a personal bond in the sum of Rs.40,000/- each with one
surety bond of the like amount each subject to the satisfaction of Ld.
CJM/Ld.Trial Court/Ld.Duty JMFC subject to the following conditions:
a) The applicants/accused persons shall cooperate in the investigation and
shall join the investigation as and when required by IO / SHO
concerned.
b) The applicants/accused persons shall not commit any similar offence or
any offence while on bail.
c) The applicants/accused persons shall not make any inducement, threat
or promise to any witness or person acquainted with the facts of the
present case and shall not try to tamper with any evidence.
d) The applicants/accused persons shall not misuse the liberty of bail in
any manner and shall not flee from justice.
e) The applicants/accused persons shall not leave India without the prior
permission of the ld. Trial Court.
9. It is clarified that if the applicants/accused persons would violate any of
the above said condition of bail then the prosecution or the investigating
agency shall be at liberty to move an application for cancellation of bail of the
accused persons.
10. The observations as made in this order are only for the disposal of the
present bail applications and these shall not be any reflection on the merits of
the case.
Contd...7.
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Bail Matter No.29/2026 and 77/2026
State Vs. 1. Akash Goel
2. Shailu Kumar Pathak
FIR No.99/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3/5 BNS
11. The present bail applications are disposed of accordingly.
12.
Copy of this order be given dasti and be also sent to the concerned Jail
Superintendent for necessary information.
13. Signed copy of this order be placed in both the files.
(Amit Bansal)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
16.01.2026
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