Full Order Text
Final Order 1 · 02 Feb 2026 · CNR DLND010011362026
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 -- 1 of 6 -- 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 -- 3 of 6 -- 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 -- 4 of 6 -- 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 -- 6 of 6 --
