Final Order 6

Order Details: COPY OF ORDER
Pdf Text: FIR No. 145/2025
	PS Cyber South West
	State Vs. Kunal Prasad
1/5
Bail Matters 128/2026
STATE OF DELHI Vs. KUNAL PRASAD
FIR No. 145/2025
PS CYBER SOUTH WEST
U/sec 112(2) BNS
26.02.2026
This is an application under section 483 BNSS for grant of regular bail
moved on behalf of accused/applicant Kunal Prasad.
Present: Sh. Gyan Prakash Ray, Ld. Addl. PP for the State.
Sh. Ajay Pratap Singh, Sh. Rajbir Singh Bal, Ms. Sanstuti
Mishra and Sh. Shivam Kumar, Ld. Counsels for
accused/applicant.
IO is present.
Reply to the application filed. Copy supplied.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he has been
falsely implicated in this case and he is in JC since 10.12.2025. It is
further argued that the allegations against accused/applicant is that he
allegedly opened the bank account and that some NCRP complaints were
linked to that bank account and all allegations are on the basis of
hypothecation. It is further argued that accused/applicant never had any
knowledge, intention or involvement in Cyber fraud activity. It is further
submitted that investigation against accused/applicant has already been
completed and no useful purpose will be served in keeping
accused/applicant in custody. It is further submitted that co-accused
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FIR No. 145/2025
	PS Cyber South West
	State Vs. Kunal Prasad
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persons namely Charu Sharma and Anshul have already been admitted to
bail. Hence, it is prayed that accused/applicant may be also admitted to
bail on the ground of parity as he is ready to abide with any condition
imposed by the court.
1.1 Ld. Counsel has relied upon Arnesh Kumar Vs. State of
Bihar and Satender Kumar Antil Vs. CBI & Anr. 10 SCC 51 to fortify his
arguments.
ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. PP for the State has vehemently
opposed the bail application stating that as per reply filed by IO, Cyber
Police Station South West District conducted technical analysis and
financial trail examination of mule bank accounts, cheque withdrawals
and ATM withdrawal of South West District. The data was obtained
through NCRP/I4C portals alongwith corresponding complaints reported
on these portal and bank accounts involved therein.
2.1 During analysis, one suspicious bank account bearing No.
46260200000375, IFSC BARB0MAHDEL of Bank of Baroda in the
name of M/s S. K. Enterprises operated by Charu Sharma d/o Gaurav
Sharma was identified. Five NCRP complaints bearing No.
20811250086248, 30511250083972, 31111250241113, 31111250243751
and 33212250102262 were found linked to the said bank account. During
preliminary enquiry, it was revealed that said account holder allowed her
bank account to be used for receiving, withdrawing and transferring
proceeds of crime/cheated funds as part of an organized cyber fraud
syndicate. In the duration of 16 days i.e., from 03.11.2025 to 19.11.2025,
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FIR No. 145/2025
	PS Cyber South West
	State Vs. Kunal Prasad
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said account witnessed a total deposit of Rs. 24,03,100/- and withdrawal
of Rs. 23,62,276/- and she actively associated with other members of
cyber fraud network. On the basis of evidence, present FIR was
registered.
2.2 On the technical analysis, alleged user of mobile No.
9211604308 namely Anshul was identified and traced. Notice under
section 35(3) BNSS was served upon accused Anshul, who joined the
investigation and after having sufficient grounds, he was arrested. During
interrogation, he disclosed that he was in touch with Charu Sharma and
got opened the alleged bank account of Bank of Baroda. Later gave the
login credentials, account kit and SIM to Vishal for further operations of
account. He also admitted that he also gave his bank accounts of his
friend Manish and Kunal (accused/applicant) and passed on the Vishal
and Kaushik in lieu of commission.
2.3 During investigation, Manish Kumar was interrogated and he
was arrested. During interrogation, accused Manish Kumar was disclosed
that he opened and provided mule accounts which were used in Cyber
fraud. Later on accused Kunal Prasad was also arrested in this case and
during interrogation, he disclosed that he got opened the bank accounts
in bank and handed over to Anshul in lieu of commission and accounts
were later used in Cyber fraud. Accused Kunal is owner of A K Traders
and opened a current account in Indian Overseas Bank having account
No. 198302000000419 on which 3 NCRB complaint were already
registered. The said account was also witnessed credit of Rs. 16,36,250/-
and debit of Rs. 16,29,841/-.
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	State Vs. Kunal Prasad
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2.4 Thereafter, notice under section 35(3) BNSS was served
upon accused Charu Sharma, who joined the investigation and after
interrogation, she was arrested in this case. During interrogation, she
disclosed that she opened a bank account in Bank of Baroda and provided
login credentials, bank kit and SIM card for cyber fraud.
2.5 It is further submitted that allegations against
accused/applicant are serious in nature. He is an active member of Cyber
fraud. Hence, it is prayed that present application may be dismissed in the
interest of justice.
Submissions heard. Record perused. I have also gone
through the judgments/orders relied upon by Ld. Counsel for
accused/applicant.
FINDINGS/CONCLUSION
3. Accused/applicant is in JC since 10.12.2025. Investigation
against him has already been completed. Charge sheet has already been
filed. He is first time offender. There are no specific allegations against
accused/applicant of cheating. There is no allegations against
accused/applicant that amount of Rs. 16,36,250/- which was credited in
his account was part of cheated amount. He only provided his bank
details and bank account has already been identified. Co-accused namely,
Anshul and Charu Sharma, whose role are similar to present accused have
already been admitted to bail.
3.1 Keeping in view the above facts and circumstances of the
case, the accused/applicant Kunal Prasad is admitted to bail subject to
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	State Vs. Kunal Prasad
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furnishing a personal bond in the sum of Rs. 50,000/- with one surety in
the like amount on the ground of parity to the satisfaction of Ld.
JMFC/Link JMFC/Duty JMFC on the following conditions:
i) That the applicant/accused shall not leave Delhi without
prior intimation to the IO/Court either by written
intimation or through SMS to IO on mobile phone in
advance;
ii) That the applicant/accused will supply all numbers of
his functioning phones/mobile phones to the IO as well as
about his whereabouts.
iii) That the applicant/accused shall not tamper with the
evidence;
iv) That the applicant/accused shall not try to contact in
any manner or threat the prosecution witnesses;
v) That in case of change of his residential address, he
shall intimate the court about the same;
vi) That the applicant shall attend the Court on each and
every date of hearing without fail.
vii) In case of involvement in any criminal case during
bail period the bail shall be liable to be cancelled.
Nothing stated above herein shall tantamount of any
expressions on the merits of this case.
Pursuant to directions issued by Hon’ble Supreme Court of
India in SMWP (Criminal) No. 4/2021 titled as In Re Policy Strategy for
Grant of Bail as well as in compliance of judgment titled as Ajay Verma
Vs. State, copy of this order be sent to Jail Superintendent through e-mail.
Copy of this order be given dasti as prayed for.
(Dhirendra Rana)
Bail Roster Judge/
ASJ-07/PHC/New Delhi
26.02.2026
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