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. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
02.02.2026
O R D E R
1. This order shall dispose of an application u/s 483 BNSS filed on
behalf of applicant/accused Ashok Kumar Yadav for grant of regular bail.
2. I have already heard the arguments and perused the record.
3. Reply to the bail application has already been filed. Copy supplied.
4. Ld. Counsel for the applicant/accused Ashok Kumar Yadav has
submitted that the applicant is in custody in this case since 05.01.2026, no
custodial interrogation qua the present applicant is required, he has been
falsely implicated in the present case, applicant is seeking bail on parity as
the co-accused, namely, Jitender Singh has already been granted regular bail
in the similar circumstances by the court of Sh. Saurabh Pratap Singh Laler,
Ld. ASJ-05, Patiala House Courts, New Delhi and the applicant has no
criminal antecedents. He further submitted that the applicant has already
voluntarily paid Rs.7,05,000/- to the complainant/victim Mr. Debashish
Bail Matter No. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
Page No.6 of 6
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Nachiketa today by way of a demand draft drawn on ICICI Bank. 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 case FIR
has been registered on the complaint of victim Mr. Debashish Nachiketa.
He submitted that the complainant was forced to do unauthorized
transactions without his consent and was cheated to the tune of
Rs.27,56,000/-. One of such transaction was dated 21.09.2024 wherein
Rs.7,04,600/- were transferred from Kotak Mahindra Bank of the victim to
fraudulent beneficiary account no.066205004368 of ICICI Bank in the
name of Arnav Infra Nirman Private Limited. He submitted that the
applicant and his wife Pooja jointly hold the said ICICI Bank account
which is registered in the name of Arnav Infra Nirman Private Limited. Ld.
Addl. PP for State upon instructions of IO stated that the applicant was not
the person who had earlier contacted the complainant at the time when he
was kept under house arrest.
6. The complainant/victim Mr. Debashish Nachiketa is also
present in the court along with his ld. Counsel who has been identified by
the IO SI Jagdeep Nara. The said complainant/victim stated that he had
received part cheated amount of Rs.7,05,000/- from the side of
applicant/accused Ashok Kumar Yadav. He specifically stated that he has
no objection if the applicant/accused Ashok Kumar Yadav is admitted to
Bail Matter No. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
Page No.6 of 6
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bail in this case. He also stated that he has already received the total cheated
amount from different accused persons in this case. His separate statement
was also recorded which is as under:-
“ 02.02.2026
Statement of Sh. Debashish Nachiketa son of Sh. Narayan Biswas, Aged
about 37 Years, At present Resident of Flat No. C803, Assotech Blith,
Sector-99, Gurugram, Haryana.
On SA
I am the complainant/victim of the present case. I have
received part cheated amount of Rs.7,05,000/- from the side of
applicant/accused person, namely, Ashok Kumar Yadav by way of a
demand draft no.509203 of Rs.7,05,000/- dated 19.01.2026 in my name
drawn on ICICI Bank, Alaknanda, Delhi. The photocopy of said demand
draft with noting of receiving it with my signature has also been placed on
record.
I have already received the total cheated amount from different
accused persons in this case.
I have no objection if the applicant/accused Ashok Kumar
Yadav is admitted to bail in this case.
I am making the said statement voluntarily and without any
force or coercion in the presence of my counsel Sh. Akhil Mann,
Enrollment No. D-7812/2023."
7. The case of the prosecution in nutshell is that case FIR has
been registered on the complaint of victim Mr. Debashish Nachiketa who
alleged that he received a call from 9744527063 claiming them to be from
Hyderabad Cyber Crime Department and informed him that his Aadhar
Card has been misutilized in a money laundering case and advised him to
Bail Matter No. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
Page No.6 of 6
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come over to Hyderabad to face the trial. They compelled him to share his
all banking account details. They were in police uniform and kept him on
house arrest from 07.40 p.m. on 20.09.2024 till 06.00 p.m. on 23.09.2024.
The accused persons during that time also forced the complainant/victim to
do unauthorized transaction forcefully without his consent and made him to
visit Kotak Mahindra Bank, Janakpuri Branch and do the RTGS
transactions to the tune of Rs. 27,56,000/-. The present bail application
pertains to one such transaction of Rs. 7,04,600/- dated 21.09.2024 from the
victim's bank account no. 4147656830 of Kotak Mahindra Bank by way of
RTGS to Arnav Infra Nirman Private Limited, Account No. 066205004368
of ICICI Bank.
8. The role of accused Ashok Kumar Yadav is to the effect that he
and his wife Pooja hold the alleged ICICI Bank Account No.
066205004368 registered in the name of Arnav Infra Nirman Private
Limited. The said bank account's linked mobile number 7317341729 is
registered in the name of the applicant Ashok Kumar Yadav.
9. 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.7,05,000/- from applicant/accused Ashok Kumar
Yadav. The complainant/victim Mr. Debashish Nachiketa has already given
his no objection to the grant of bail to the applicant – Ashok Kumar
Yadav. He has also stated that he has already received the total cheated
Bail Matter No. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
Page No.6 of 6
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amount from different accused persons in this case. 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 Ashok Kumar Yadav is stated to be in custody in this case since
05.01.2026 i.e. he has already suffered a custody of about a month in this
case and it seems that he is not required for any further investigation. It is
also an admitted position that co-accused, namely, Jitender Singh in similar
circumstances has already been admitted to bail vide order dated
05.01.2026 of ld.Predecessor of bail roster of this court. The prosecution
has also not raised any serious apprehension that if applicant is admitted to
bail then he is flight risk or he 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 the above said
applicant in further custody. The applicant/accused, Ashok Kumar Yadav is
thus admitted to bail on furnishing a personal bond in the sum of
Rs.50,000/- with one surety bond of the like amount subject to the
satisfaction of Ld. CJM/Ld.Trial Court/Ld.Duty JMFC, subject to the
following conditions:
a) The applicant/accused shall cooperate in the investigation and shall
join the investigation as and when required by IO/SHO concerned.
b) The applicant/accused shall not commit any similar offence or any
offence while on bail.
Bail Matter No. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
Page No.6 of 6
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c) The applicant/accused 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 applicant/accused shall not misuse the liberty of bail in any
manner and shall not flee from justice.
e) The applicant/accused shall not leave India without the prior
permission of the ld. Trial Court.
10. It is clarified that if the applicant/accused 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.
11. The observations as made in this order are only for the disposal
of the present bail application and these shall not be any reflection on the
merits of the case.
12. The present bail application is disposed of accordingly.
13.
Copy of this order be given dasti and be also sent to the
concerned Jail Superintendent for necessary information.
(Amit Bansal)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
02.02.2026
Bail Matter No. 152/2026
State Vs. Ashok Kumar Yadav
FIR No. 105/2024
PS : Cyber New Delhi
U/s : 318(4)/319(2)/61(2)/3/5 BNS
Page No.6 of 6
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