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.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
09.02.2026
O R D E R
1. This order shall dispose of an application u/s 483 BNSS filed on
behalf of applicant/accused Thakor Kishan Kumar 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 Thakor Kishan Kumar has
submitted that the applicant is in custody in this case since 19.01.2026, the
applicant is an innocent person and has been falsely implicated in the present
case and the applicant is seeking bail on parity as the co-accused, namely,
Majid Khan 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 vide order dated 10.12.2025. He further
submitted that the applicant has already voluntarily paid Rs.5,50,000/- to the
complainant/victim Mr.Virendra Kumar today as deposited in his bank
Bail Matter No.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
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account and the copy of the receipt has already been placed on record. He
has submitted that the applicant be admitted to bail.
5. Per contra, ld. Addl. PP for State has submitted that the
complainant is a victim of online financial fraud of Rs. 10,65,217/-
pertaining to inducement of victims on the pretext of share market trading
and routing of cheated money through multiple bank accounts across states.
He has submitted that the complainant received
whatsapp messages and calls
from an unknown number 8469019603. The sender introduced himself as
Ankit @ Mohit claiming having advance knowledge of share market trading
and lured the complainant by promising 20-30% daily profit if he invested
through him. The sender then connected the complainant to one Rajveer
Sekhawat, who further introduced another person Anuj Saxena claiming to
be a broker associated with one Shivalika Traders. He stated that the
complainant was induced to share his Aadhar Card and PAN to pay
Rs.15,000/- for account opening and Rs.12,117/- for limit enhancement. He
was repeatedly given specific stock names, quantities and payment
instructions over
whatsapp. The complainant made the payments to various
QR codes and bank accounts sent by the above persons believing that the
money would be used for trading. He stated that in between July, 2025 and
August, 2025, the complainant transferred a sum of Rs. 10,65,217/- in
multiple transactions to the said account on the instructions of fraudsters. He
stated that during investigation co-accused Majid Khan was arrested from
Rajasthan who disclosed that he had given his bank account details to the
Bail Matter No.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
Page No.1 of 6
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applicant/accused on commission. Ld. Addl. PP for State further submitted
that another account holder named Nikesh Singh also disclosed that the
applicant procured bank accounts from them, routed cheated money into the
accounts and subsequently obtained cash withdrawals from the mule account
holders. He also stated that PhonePe transaction history between the
applicant and co-accused Majid Khan has been recovered.
6. The complainant/victim Mr. Virendra Kumar was also present
in the court who has been identified by the IO SI Anurag. The said
complainant/victim stated that he had today received cheated amount of
Rs.5,50,000/- from the applicant/accused Thakor Kishan Kumar. He
specifically stated that he has no objection if the applicant/accused Thakor
Kishan Kumar is admitted to bail in this case. His separate statement was
also recorded which is as under:-
“ 07.02.2026
Statement of Sh. Virendra Kumar son of Sh.Jaipal Singh, Aged about 46
Years, At present Resident of Delhi Golf Club, Dr. Zakir Hussain Marg, New
Delhi
On SA
I am the complainant/victim of the present case. I have today
received cheated amount of Rs.5,50,000/- from the applicant/accused Thakor
Kishan Kumar as deposited in my bank account. The copy of the said
receipt is also placed on record.
I have no objection if the applicant/accused Thakor Kishan
Kumar is admitted to bail in this case.
Bail Matter No.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
Page No.1 of 6
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I am making the said statement voluntarily and without any
force or coercion."
He also stated that with the said payment of Rs. 5,50,000/-, he
has now received the entire cheated amount.
7. The case of the prosecution in nutshell has been described in the
submissions of Ld. Addl. PP for State and is not being reproduced again for
the sake of brevity.
8. Without commenting upon the merits of the case, it is an
admitted position that the complainant/victim has today received cheated
amount of Rs.5,50,000/- from applicant/accused Thakor Kishan Kumar as
deposited in his bank account. He has also placed on record copy of the said
receipt. He has stated that with the said payment, he has already received
the total cheated amount in this case. The complainant/victim Mr. Virendra
Kumar has already given his no objection to the grant of bail to the
applicant – Thakor Kishan Kumar. It is also an admitted position that co-
accused, namely, Majid Khan in similar circumstances has already been
admitted to bail vide order dated 10.12.2025 of ld.Predecessor of bail roster
of this court. It was stated by the IO that 2 days police custody remand of
the applicant has already been taken. The applicant Thakor Kishan Kumar is
stated to be in custody in this case since 19.01.2026 i.e. he has already
suffered a custody of about 21 days in this case and it seems that he is not
required for any further investigation. The prosecution has also not raised
Bail Matter No.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
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any serious apprehension that if applicant is admitted to bail then he is flight
risk. The reply to the bail application also does not mention that the
applicant has any history of previous involvements in criminal cases. 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, Thakor Kishan Kumar
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.
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.
9. It is clarified that if the applicant/accused would violate any of
the above said condition of bail then the prosecution or the investigating
Bail Matter No.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
Page No.1 of 6
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agency shall be at liberty to move an application for cancellation of bail of
the accused.
10. 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.
11. The present bail application is disposed of accordingly.
12.
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
09.02.2026
Bail Matter No.234/2026
STATE Vs. Thakor Kishan Kumar
E-FIR No. 04/2025
P. S : Cyber New Delhi
U/s : 318(4)/319/61(2) BNS
Page No.1 of 6
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