Final Order 2

Order Details: COPY OF ORDER
Pdf Text: FIR No. 21/2025
	PS Cyber New Delhi
	State Vs. Ajay Kumar Paswan
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Bail Matters 411/2026
STATE OF DELHI Vs. AJAY KUMAR PASWAN
FIR No. 21/2025
PS CYBER NEW DELHI
U/sec 308/318(4)/319/340 BNS
18.03.2026
This is an application under section 483 BNSS for grant of regular bail
moved on behalf of accused/applicant Ajay Kumar Paswan.
Present: Mr. Irfan Ahmed, Ld. (Substitute) Addl. PP for the State.
Sh. Jitesh Talwani and Sh. Sahil Mahajan, ld. Counsels for
accused/applicant.
Reply to the application already filed.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
It is argued on behalf of accused/applicant that he has been
falsely implicated in this case and he is in JC since 09.02.2026. It is
further submitted that accused/applicant has not committed any offence
and he has not been named in the FIR by the complainant. It is further
submitted that accused/applicant has been working as a branch manager
in Punjab National Bank, KCGA Branch, Bulandshahar, U. P. It is further
submitted that one of the co-accused namely Akash Kumar working with
the bank in the capacity of Bank Mitr since year 2022 and he was
appointed by the previous Branch Manager. It is further submitted that
accused Akash Kumar used to handle money transactions of various
customers of the bank branch. It is further submitted that transfer of
money of the alleged transaction of Rs. 5,45,000/- took place in the bank
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FIR No. 21/2025
	PS Cyber New Delhi
	State Vs. Ajay Kumar Paswan
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account of Akash Kumar on 03.05.2025. It is further submitted that
accused/applicant was present in the office on the said day, however, he
was not doing any official work as a farewell party was organized on
account of transfer of accused/applicant to some other branch. It is further
submitted that co-accused Akash Kumar has misused the ID and
password of the accused/applicant. It is further submitted that co-accused
Akash Kumar had duped many customers of the bank branch by misusing
the access IDs and passwords of bank branch officials and an FIR No.
74/2025 was registered in Cyber Crime Police Station, Bulandshahr, U. P.
in which accused/applicant alongwith co-accused Akash Kumar and some
other accused persons had been arrested. It is further submitted that
investigation on the part of accused/applicant has already been completed
and no useful purpose will be served in keeping accused/applicant in
custody. It is further argued that accused/applicant is suffering from
multiple diseases such as High Blood Pressure, diabetes and Thyroid and
long incarceration would affect the health of accused/applicant. Hence, it
is prayed that accused/applicant be released on bail as he is ready to abide
with any condition imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2. On the other hand, bail application has been vehemently
opposed on the behalf of State and it is stated that as per reply filed by IO,
an e-FIR was registered at Cyber Police Station, Mandir Marg on the
complaint of Archna. Complainant gave a written complaint wherein she
alleged that she was maintaining saving bank account No.
069010100005839 and an unauthorized and fraudulent RTGS transaction
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	PS Cyber New Delhi
	State Vs. Ajay Kumar Paswan
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amounting to Rs. 5,45,000/- was debited from her said account without
her knowledge and consent. She further alleged that said bank account
was not KYC updated and was not linked with any mobile number and
she did not receive any OTP or transaction alert regarding the said RTGS
transaction. She further alleged that when she visited the bank in
December 2025, she came to know that an amount of Rs. 5,45,000/- had
been transferred from her account.
2.1 During investigation, an information was received from
Cyber Police Station Bulandshahr, U. P. that a separate FIR No. 74/2025
under sections 316(5)/336(4)/338/340/20/61(2) BNS and 65/66 IT Act has
been registered. It was informed by IO of FIR No. 74/2025 that fraud of
approximately Rs. 82 lakhs took place at KGSA PNB Branch. During
inquiry, it was revealed that co-accused Akash Kumar, who is a Bank
Mitra (private employee) misused the official government IDs of Ajay
Kumar Paswan (applicant) and Ishwar Chand. By using their IDs, accused
Akash Kumar fraudulently deposited money into his won account as well
as into the accounts of his friends and relatives.
2.2 During further investigation, accused/applicant Ajay Kumar
Paswan admitted his involvement in the commission of crime alongwith
co-accused Akash Kumar. Notice under section 94 BNSS was also served
upon Punjab National Bank and in its reply, it was informed that multiple
unauthorized transactions had taken place in various customer accounts
without their written mandate through the CBS user IDs of branch official
namely Ajay Kumar Paswan. It was also informed that internal
investigation was also conducted and it was found that 106 unauthorized
transactions amounting to Rs. 82.75 lakhs had been carried out by
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	State Vs. Ajay Kumar Paswan
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debiting funds from customers accounts and office accounts to Akash
account and his relative account and the transactions were executed using
the official CBS ID and password of Ajay Kumar Paswan.
2.3 It is further submitted that during his tenure from 04.06.2022
to 29.11.2024, accused/applicant Ajay Kumar Paswan sanctioned 128
loans amounting to Rs. 6.10 crores out of which 61 accounts entered the
stressed category amounting to Rs. 2.49 crores. It is further submitted that
allegations against accused/applicant are serious in nature and there is
every likelihood that he may commit further offence of similar nature, if
released on bail.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3. Allegations against accused/applicant are serious in nature.
He, being Branch Manager of Punjab National Bank, allowed an
unauthorized person to use his CBS ID and password. He has also
allowed an unauthorized person to sit inside the branch premises and to
use the branch computer and CBS system throughout the day and same
has been seen in the CCTV footage of the bank. Accused/applicant
regularly transferred funds to the account of co-accused Akash Kumar
Singh and his associates namely Sachin and Rohit Kumar without any
mandate or voucher and expenses such as rent, generator charges and
electricity charges were also transferred in their account. During his
tenure i.e., from 04.06.2022 to 29.11.2024, accused/applicant sanctioned
128 loans amounting to Rs. 6.10 crores out of which 61 accounts entered
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	PS Cyber New Delhi
	State Vs. Ajay Kumar Paswan
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the stressed category amounting to Rs. 2.49 crores. Accused/applicant is
directly involved in the commission of cyber financial fraud involving Rs.
5,45,000/- from the account of complainant as co-accused Akash Kumar
transferred the said amount by using official ID and password of
accused/applicant.
3.1 In Soukin Vs. The NCT State New Delhi Bail Application
No. 177/2024, Hon’ble High Court of Delhi held that all the cyber
offences are grave and serious in nature. They not only undermine the
individual dignity but also pose a serious challenge to the law
enforcement due to its clandestine and cross-jurisdictional nature.
3.2 Considering the fact that Cyber frauds are increasing day by
day and the manner in which offence has been committed, it is apparent
that accused is a part of group of persons committing Cyber frauds.
3.3 Granting bail is a discretion which is to be exercised by the
Court as per facts and circumstance of each case. In Mansab Ali Vs. Irsan
and Anr. 2003 SC 707, it has been held by Hon’ble Supreme Court that
since the jurisdiction is discretionary, it is required to be exercised with
great care and caution by balancing valuable right of liberty of an
individual and the interest of the society in general.
3.4 Considering the gravity of offence and conduct of
accused/applicant that being a government official, he duped the innocent
public in connivance with co-accused Akash Kumar as he allowed co-
accused Akash Kumar to use his official ID and password and transferred
Rs. 5,45,000/- from account of complainant. Co-accused Ishwar Chand is
yet to be arrested. There is every possibility that accused/applicant may
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	State Vs. Ajay Kumar Paswan
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commit further offence of similar nature, if released on bail. Hence, I do
not find any reason to exercise discretion in his favour.
3.5 In view of the above facts and circumstances of the case, I
am of the considered view that no ground is made out for grant of bail to
accused/applicant Ajay Kumar Paswan. Therefore, the application moved
on behalf of the accused/applicant Ajay Kumar Paswan stands dismissed.
Nothing in this order shall tantamount to an expression of
opinion on the merits of the case during trial.
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
18.03.2026
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