Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matters 994/2026
THE STATE GOVT OF NCT OF DELHI Vs. AMIR MALIK
FIR No. 0122/2026
P.S CYBER CELL DELHI CANTT
U/s 318(4)/319/340/61(2) BNS
21.05.2026
This is an application u/s 483 BNSS filed on behalf of applicant/accused
Amir Malik for grant of regular bail.
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
SI Chetan Rana, IO of the case.
Sh. Anuj Chaudhary and Sh. Raj Kishor Bhatnagar,
Ld.counsels for applicant/accused.
1. Reply has already been filed.
2. Arguments heard and record perused.
3. The case of the prosecution in nutshell is that the
complainant reported investment fraud and cheating of Rs.24 lakhs.
During investigation, it was revealed that out of the said cheated amount
of Rs.24 lakhs, an amount of Rs. 2.60 lakhs were transferred to a layer 2
Axis Bank account of MZ Enterprises which was registered in the name
of Md.Zahid. Thereafter, based on technical inputs co-accused Zahid as
well as the applicant were apprehended from Burari.
4. Ld. Addl. PP for State upon instructions of IO has submitted
that the applicant had received a sum of Rs. 15,000/- in cash as
commission from one Salman, who is yet to be arrested in this case for the
transfer of above said cheated amount in the said bank account.
Contd...2.
-- 1 of 4 --
- 2 -
5. Ld. Counsel for the applicant has submitted that the applicant
is innocent and has been falsely implicated in the present case. He has
further submitted that applicant is in custody in this case since 01.04.2026
and is not required for any further investigation. He has submitted that
applicant has clean antecedents.
6. IO upon enquiry has submitted that the allegations against the
applicant are to the extent of receiving Rs.15,000/- in cash as commission
from one Salam, who is yet to be arrested and he was also accompanying
co-accused Md. Zahid at the time of operation of the said bank account.
IO has further submitted that the applicant is not required for any further
investigation.
7. It has been submitted that that the applicant is in custody in
this case since 01.04.2026 and is stated to have clean antecedents. The
role of the applicant is to the effect that he received Rs.15,000/- in cash as
commission upon transfer of the above said cheated amount to the tune of
Rs.2.60 lakhs in the above said account of co-accused Md.Zahid and was
also present at the time of operation of the said account in Moubt Abu.
8. It is an admitted position that the applicant is in custody in
this case since 01.04.2026 i.e. he has suffered a custody of about 50 days
and is stated to have clean antecedents. It seems that he is not required
for any further investigation. The prosecution has also not raised any
Contd...3.
-- 2 of 4 --
- 3 -
Bail Matters 994/2026
THE STATE GOVT OF NCT OF DELHI Vs. AMIR MALIK
FIR No. 0122/2026
P.S CYBER CELL DELHI CANTT
U/s 318(4)/319/340/61(2) BNS
serious apprehension that if applicant is admitted to bail then he is flight
risk or he may tamper with the evidence. In view of the above said
discussion, period of custody, role of applicant and totality of the facts
and circumstances of the case, no fruitful purpose would be served by
keeping the above said applicant in further custody. The
applicant/accused, Amir Malik 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 investigaton as and when
required by the IO.
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
Contd...4.
-- 3 of 4 --
- 4 -
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.
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
21.05.2026
-- 4 of 4 --