Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matter No. 987/2026
State Vs. Surendra Roj
e-FIR No. 2/2026
P.S CYBER NEW DELHI
U/s 318(4)/319(2)/61(2) BNS
11.05.2026
This is an application u/s 483 BNSS filed on behalf of applicant/accused
Surendra Roj for grant of regular bail.
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
SI Love Deswal, IO of the case.
Sh. Amit Rana and Sh.Naveen Kumar, Ld. counsels for
applicant/accused.
Complainant/victim Ms.Pooja Sunda through VC.
IO has also identified the complainant/Victim Ms.Pooja
Sunda, who was present through VC.
Reply filed. Copy supplied.
Heard and record perused.
At this stage, complainant/victim present through VC has
submitted that she has received part cheated amount of Rs.4,05,000/- from
the side of applicant/accused i.e. Surendra Roj through demand draft in
her name. Upon enquiry, she has submitted that she has no objection if the
above said applicant/accused is admitted to bail in this case.
The case of the prosecution in nutshell is that the FIR was
registered on the complaint of Ms.Pooja Sunda wherein she alleged that
she has been cheated to the tune of Rs. 22,06,166/- by the fraudsters in
Contd...2.
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task based fraud. She stated that she was lured into performing
promotional tasks through
Whatsapp and a Telegram channel named
"Cboe VIP Group." Initially, she was provided with small tasks and after
completion of those tasks, payments were credited to gain her trust.
Thereafter, she was induced to transfer multiple large amounts under the
pretext of completing "movie promotion tasks." The fraudsters created
false scenarios like task errors and data corruption to extract further
payments. She transferred substantial amount in multiple transactions.
Another fraudster posed as a finance official and demanded additional
payments for withdrawal processing. Continuous demands were made
citing taxes, pending tasks and charges, after which the accused stopped
responding, blocked communication, and disappeared resulting in total
cheating of Rs.22,06,166/-
During investigation, beneficiary details of transactions were
obtained and it was revealed that out of the total amount, a sum of
2,75,712/- in Ist Layer and 30,000/- in 2nd Layer ( 3,05,712/- in total)	₹ ₹ ₹
was transferred to one Axis Bank A/c No. 924010019262787 in the name
of Rajendra Kumar Saini having mobile phone no. 8824928425
(subsequently changed to 7340016584), with G-mail ID-
jaib74668@gmail.com (subsequently changed to
rajusaini2082@gmail.com).
During investigation, details of Gmail Id-
jaib74668@gmail.com registered with the account were obtained and the
IP Logs resolved. Various numbers including 8386819529 and
Contd...3.
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Bail Matter No. 987/2026
State Vs. Surendra Roj
e-FIR No. 2/2026
P.S CYBER NEW DELHI
U/s 318(4)/319(2)/61(2) BNS
8824928425 were found accessing the said Gmail ID. Out of these
numbers only 8386819529 & 8824928425 were found active and that the
phone number 8386819529 was found in the name of applicant/accused
Surendra Roj. Based on technical surveillance, the applicant/accused
Surendra Roj who was found accessing the said Gmail was located.
It was stated that on 22.03.2026, applicant/accused Surendra
Roj was arrested and five mobile phones were recovered which contained
incriminating evidence including mobile number 8386819529 used to
access the said G-mail ID. Further investigation revealed that the
complainant had been contacted through whatsapp number 7357921414.
From the devices recovered, one mobile phone, Oppo A54, was found to
have been used with the said number 7357921414. During interrogation,
applicant/accused Surendra Roj disclosed that he was involved in
supplying bank accounts to fraudsters through Telegram. He stated that he
procured account kits (SIM cards and ATM cards) from contacts in
different states and shared their details with the fraudsters. The fraudsters
transferred money into those accounts, which he withdrew, converted into
USDT via Binance P2P trading and sent to their wallets for profit. He also
admitted to handling around 12 such accounts on commission basis.
Ld. Counsel for the applicant has submitted that without
prejudice to the rights, contentions and defence of the applicant/accused,
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he has already paid the part cheated amount of Rs. 4,05,000/- to the
complainant/victim through demand draft. Ld. Counsel for the applicant
has submitted 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 as per Section 359(1) and 359(2) BNSS.
It has been submitted that that the applicant/accused is in
custody in this case since 22.03.2026 and he has already remained in
custody for about 50 days. Ld. Counsel for the applicant has stated that
applicant is not required for further investigation and further he has
returned the part cheated amount to the complainant/victim. He stated
that the applicant has no criminal antecedents and the applicant is also not
a flight risk. The IO upon enquiry has submitted that the applicant is not
required for any further investigation and that the charge sheet would be
filed soon.
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.4,05,000/- from applicant/accused. The applicant is
in custody in this case since 22.03.2026 i.e. he has already suffered a
custody of about 50 days in this case and it seems that he is not required
for any further investigation. 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 as
Contd...5.
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Bail Matter No. 987/2026
State Vs. Surendra Roj
e-FIR No. 2/2026
P.S CYBER NEW DELHI
U/s 318(4)/319(2)/61(2) BNS
per Section 359(1) and 359(2) BNSS. The prosecution has also not raised
any serious apprehension that if applicant is admitted to bail then he is a
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, Surendra Roj is thus admitted
to bail on furnishing a personal bond in the sum of Rs.40,000/- with one
surety 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 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.
It is clarified that if the applicant/accused would violate any
Contd...6.
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of the above said conditions of bail then the prosecution or the
investigating agency shall be at liberty to move an application for
cancellation of bail of the accused.
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.
The present bail application is disposed of accordingly.
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
11.05.2026
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