Final Order 1

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.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
O R D E R
02.02.2026
1. This order shall dispose of two regular bail applications filed on
behalf of applicants/accused 1) Rohit Soni and 2) Bharat for grant of regular
bail. These two bail applications have been taken up together on joint
request as they pertain to the same case and would be disposed of by this
common order.
2. Reply to the bail application have been filed.
3. I have already heard the arguments and perused the record.
4. Ld. Counsel for the applicants/accused persons 1) Rohit Soni and 2)
Bharat has submitted that both the applicants are in custody in this case
since 25.01.2026, the investigation of the present case has been completed
qua the present accused persons and they are not required for any purpose
Bail Matter No.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
Page No.6 of 6
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of investigation and have been falsely implicated in the present case. He
further submitted that the applicants/accused persons have today voluntarily
paid Rs. 50,000/- to the complainant/victim Mr. Jaideep Das in the court
and the statement of the complainant/victim to the above effect has been
separately recorded wherein he has given his no objection to grant of bail to
the applicants/accused persons. He has submitted that any condition
whatsoever may be imposed and the applicants be admitted to bail.
5. Per contra, ld. Addl. PP for State has submitted that it is a case of
investment fraud wherein the complainant Mr.Jaideep Das was duped to an
amount of Rs. 14,43,506/-. He submitted that the accused Bharat induced
the accused Rohit Soni to open a current bank account for illegal purposes
for receiving proceeds of cyber fraud. He stated that thereafter applicant
Rohit Soni opened a current account with IDBI Bank bearing account no.
2245102000001823 and deliberately shared the net banking user ID,
password and other credentials with co-accused Bharat. He also permitted
the linked mobile number to be changed and handed over fully aware that
the account would be operated by unknown persons involved in cyber fraud
activities. He stated that the accused Bharat arranged and procured the said
current bank account in the name of applicant Rohit Soni and shared its net
banking credentials i.e. user ID and password with one Ravi to enable
remote operation. The applicant Bharat also got his mobile number
9358039378 updated in the said bank account to maintain operational
Bail Matter No.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
Page No.6 of 6
-- 2 of 6 --
control. The applicant Bharat received commission proceeds from the
illegal activity amounting to approximately Rs. 10,000/- which was shared
between both the applicants. He stated that in consideration of allowing the
misuse of his bank account, the applicant Rohit Soni received a commission
of about Rs. 25,000/-. He submitted that Rs.50,000/- relating to the present
complainant was credited in the said bank account.
6. The complainant/victim Mr. Jaideep Das was also present in the court
who has been identified by IO SI Vishal Yadav. The said
complainant/victim stated that he has today received part cheated amount of
Rs.50,000/- from the side of applicant/accused, namely, Rohit Soni and
Bharat. He specifically stated that he has no objection if the
applicants/accused persons, namely, Rohit Soni and Bharat are admitted to
bail in this case. His separate statement was also recorded which is as
under:-
"02.02.2026
Statement of Sh. Jaideep Das son of late Sh. S.R.Das, Aged about 63 Years,
At present Resident of 377, Road No. 5, Vasant Kunj Enclave, New Delhi
On SA
I am the complainant/victim of the present case. I have
received part cheated amount of Rs.50,000/- from the side of
applicant/accused persons, namely, Rohit Soni and Bharat. I have no
objection if the applicant/accused Rohit Soni and Bharat are admitted to
bail in this case.
Bail Matter No.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
Page No.6 of 6
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I am making the said statement voluntarily and without any
force or coercion."
7. The case of the prosecution in nutshell against the applicants has
already been mentioned above in the submissions of Ld. Addl PP for State
and is not being repeated for the sake of brevity. The applicant Rohit Soni
on the inducement of applicant Bharat stated to have opened the above said
current account for receiving proceeds of cyber fraud, the applicant Rohit
Soni shared the net banking user ID, password and other credentials with
applicant Bharat and also permitted the linked mobile number to be
changed, the applicant Rohit Soni received a commission of about
Rs.25,000/-, whereas the applicant Bharat induced applicant Rohit Soni to
open the said bank account for cyber fraud activities, he got his mobile
number updated in the said bank account to maintain operational control
and shared its net banking credentials with one Ravi and received a
commission of about Rs. 10,000/-. As per the case of the prosecution,
Rs.50,000/- out of the cheated amount of the complainant relates to the said
bank account.
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 the side of applicants/accused persons, namely,
Rohit Soni and Bharat. The complainant/victim Mr. Jaideep Das has
already given his no objection to the grant of bail to both the
Bail Matter No.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
Page No.6 of 6
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applicants/accused persons, namely, Rohit Soni and Bharat. 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 applicants/accused persons, Rohit Soni and
Bharat are stated to be in custody in this case since 25.01.2026 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, 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, Rohit Soni and Bharat are thus
admitted to 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.
Bail Matter No.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
Page No.6 of 6
-- 5 of 6 --
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.
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:02.02.2026
Bail Matter No.237/2026 and 238/2026
State Vs. 1. Rohit Soni
2. Bharat
E-FIR No. 18A/2025 (600001822025)
PS : Cyber South West
U/s : 318(4)/319(2)/61(2) BNS
Page No.6 of 6
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