Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matter No. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) BNS
These two bail applications u/s 483 BNSS filed on behalf of above said
applicants/accused for grant of regular bail are taken up together as they are
arising out of the same FIR and shall be decided by a common order.
17.01.2026
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
SI Vishal Yadav, IO of the case.
Sh. Pramod Tyagi, Ld. counsel for applicants/accused persons.
Complainant/Victim Mr. Ratan Yadav in person.
1. Separate replies to the bail applications filed. Copies supplied.
2. This order shall dispose of two bail applications u/s 483 BNSS
filed on behalf of applicants/accused (1) Ravi Sharma (2) Abhinash Kumar
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.
3. I have already heard the arguments and perused the record.
4. Ld. Counsel for the applicants/accused persons, namely, Ravi
Sharma and Abhinash Kumar has submitted that the applicants are in
custody in this case since 23.11.2025, the applicants are innocent and young
persons, they have nothing to do with the alleged offence and they are not
Contd...2.
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Bail Matter No. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) BNS
required for any further investigation. He further submitted that the
applicants/accused persons, namely, Ravi Sharma and Abhinash Kumar have
already voluntarily paid Rs. 50,000/- to the complainant/victim Mr. Ratan
Yadav. He has submitted that any condition whatsoever may be imposed
upon the applicants and they be admitted to bail.
5. Per contra, ld. Addl. PP for State has submitted that an online
complaint was filed on 31.07.2025 by the complainant/Victim Mr.Ratan
Singh against unknown persons regarding online investment fraud vide
which he was cheated for an amount of Rs. 7,04,500/-. During investigation,
it was revealed that a sum of Rs. 50,000/- was transferred from the
complainant’s bank account to account no.5020008932142 (HDFC) held by
account holder Ravi Sharma (applicant/accused), Ludhiana, Punjab. Upon
enquiry from the IO, ld. Addl. PP for State has submitted that the said
amount of Rs.50,000/- was withdrawn from the account of accused Ravi
Sharma by co-accused Abhinash Kumar and co-accused Kamal. It has
further been submitted by the IO that accused Abhinash Kumar is clearly
visible in the CCTV footage of bank while conducting the withdrawal for
which he got Rs.25,000/- from co-accused Kamal. Ld. Addl. PP for State
has prayed that the bail applications of the applicants may be rejected.
6. The complainant / victim Mr. Ratan Yadav is also present in the
Contd...3.
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Bail Matter No. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) BNS
court who has been identified by the IO SI Vishal Yadav. The said
complainant/victim stated that he had received part cheated amount of
Rs.50,000/- from the applicants/accused persons, namely, Ravi Sharma and
Abhinash Kumar. He specifically stated that he has no objection if the
applicant/accused Ravi Sharma and Abhinash Kumar are admitted to bail in
this case. His separate statement was also recorded which is as under:-
“17.01.2026
Statement of Sh. Ratan Yadav son of Sh. Shyam Bahadur Singh Yadav, Aged
about 26 Years, At present Resident of B-3 JS PG, Ghitorni, Delhi-110030
On SA
I am the complainant/victim of the present case. I have already
received part cheated amount of total Rs.50,000/- from both the
applicants/accused persons, namely, Ravi Sharma and Abhinash Kumar by
way of demand draft.
I have no objection if the applicants/accused persons, namely,
Ravi Sharma and Abhinash Kumar are admitted to bail in this case.
I am making the said statement voluntarily and without any
force or coercion.”
7. The case of the prosecution in nutshell is that an online complaint was
filed on 31.07.2025 by the complainant/Victim Mr.Ratan Singh against
unknown persons regarding online investment fraud vide which he was
cheated of an amount of Rs. 7,04,500/-. During investigation, it was
revealed that a sum of Rs. 50,000/- was transferred from the complainant’s
Contd...4.
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Bail Matter No. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) BNS
bank account to account no.5020008932142 held by account holder Ravi
Sharma (applicant/accused), Ludhiana, Punjab.
7.1 The role of accused Ravi Sharma is to the effect that the above said
bank account no. 5020008932142 (HDFC) was opened by the accused Ravi
Sharma on the directions of one Gurmukh and after opening it handed over
complete kit of the said account to Gurmukh for which he took Rs. 10,000/-
as commission. In March, 2025, Gurmukh again approached the accused
Ravi Sharma along with another unknown person and induced him with
another job offer. The said Gurmukh took the accused Ravi Sharma to a VI
Centre where a sim card was issued in applicant’s Ravi Sharma’s name
which he handed over to said Gurmukh which was later used in fraudulent
financial transaction.
7.2 The role of accused Abhinash Kumar is to the effect that he played an
active role in fraudulent withdrawal of money. An amount of Rs.50,000/-
was transferred from the complainant’s account to the account no.
5020008932142 held by accused Ravi Sharma. Accused Abhinash Kumar is
clearly visible in the CCTV footage of bank while conducting the
withdrawal for which he got Rs.25,000/- from co-accused Kamal. During
the course of investigation, it was revealed that the sim card issued in the
name of Ravi Sharma was inserted and used from 18.06.2025 to 22.07.2025
Contd...5.
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Bail Matter No. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) BNS
in a device and the said device was the same mobile phone which was
subsequently recovered from the accused Abhinash Kumar.
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.50,000/- from applicant/accused persons, namely, Ravi
Sharma and Abhinash Kumar. The complainant/victim Mr. Ratan Yadav has
already given his no objection to the grant of bail to both the
applicants/accused persons, namely, Ravi Sharma and Abhinash Kumar. It is
also an admitted position that the offence under Section 318(4) BNS is
compoundable by the person cheated with the permission of the court. Both
the applicants/accused persons are stated to be in custody in this case since
23.11.2025 i.e. they have already suffered a custody of more than 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
commenting 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, Ravi Sharma and Abhinash Kumar are thus admitted to
Contd...6.
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Bail Matter No. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) 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. 114/2026 and 115/2026
State Vs. 1. Ravi Sharma
2. Abhinash Kumar
FIR No.103/2025
PS : Cyber South West
U/s : 318(4)/61(2) 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
17.01.2026
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