Final Order 9

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. 1009/2026
State Vs. Asif Hussain Ansari @ Sakir
FIR No. 46/2026
P. S : Cyber South West, Delhi
U/s : 112(2)/318(4)/317(5) BNS
O R D E R
30.05.2026
1. This order shall dispose of an application under Section u/s 483
BNSS filed on behalf of applicant/accused for grant of regular bail.
2. Reply to the bail application has already been filed.
3. I have already heard the arguments and perused the record.
4. Ld. Counsel for the applicant/accused has submitted that applicant
is in judicial custody in this case since 04.04.2026, he is innocent and has
been falsely implicated in the present matter and is not required for any
further investigation. He stated that co-accused Sanjay who has more
role than the applicant has already been admitted to bail by ld.JMFC-06,
Patiala House Courts, New Delhi District vide order dated 25.04.2026. It
was stated that bail is a rule and jail is an exception. It was stated that the
applicant has clean antecedents and any condition whatsoever may be
imposed. It was stated that there are no allegations regarding deposit of
Bail Matter No. 1009/2026
State Vs. Asif Hussain Ansari @ Sakir
FIR No. 46/2026
P. S : Cyber South West, Delhi
U/s : 112(2)/318(4)/317(5) BNS
Page No.5 of 5
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any cheated amount in any bank account of the applicant. Ld. Counsel
for the applicant has prayed that the applicant/accused may be admitted
to bail. He also relied upon the matter titled as Raj Kumar vs. State
(Govt. of NCT of Delhi), Bail Application 1312/2026, date of order
21.04.2026 of Hon’ble High Court of Delhi.
5. Per contra, ld. Addl. PP for State has submitted that the
applicant/accused arranged and used Canara Bank account of co-accused
Ankit Singh in which cheated amount of Rs. 1,23,500/- was received. It
was stated that he also arranged and used two accounts of co-accused
Sanjay in which cheated amount of Rs. 2,58,697/- and Rs. 99,548/- were
received. It was stated that after the cheated amount was credited in these
accounts, the applicant used to withdraw the cash and further transfer it to
other members of the syndicate and got total 8% commission, out of
which 4% was given to the account holder and 4% commission was kept
by the applicant. It was stated that there were whatsapp chats between
applicant and co-accused which establishes his role in arranging mule
bank accounts and handling cheated money. He thus opposed the bail
application.
6. The case of the prosecution in nutshell is that cyber fraud is
being committed on citizens and the amount is being routed through mule
bank accounts. The case of the prosecution against the applicant is that
he arranged and used one Canara Bank account of co-accused Ankit
Singh and also arranged and used two Canara Bank accounts of co-
Bail Matter No. 1009/2026
State Vs. Asif Hussain Ansari @ Sakir
FIR No. 46/2026
P. S : Cyber South West, Delhi
U/s : 112(2)/318(4)/317(5) BNS
Page No.5 of 5
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accused Sanjay wherein cheated amount of Rs. 1,23,500/-, Rs. 2,58,697/-
and Rs. 99,548/- respectively were received. He arranged the bank
accounts of Ankit, Sanjay and one Chirag. It is the case of the
prosecution that the applicant used to arrange bank accounts, collect cash
from co-accused persons and transferred it to other associates after
keeping his commission. It has been mentioned in the reply that the
incriminating chats between applicant and the co-accused have been
found in seized devices.
7. The applicant is stated to be in custody in this case since
04.04.2026 i.e. he has suffered a custody of about 56 days. It also seems
that the applicant is not required for any further investigation. It is also
an admitted position that co-accused Sanjay has already been admitted to
bail vide order dated 25.04.2026 of ld.JMFC-06, Patiala House Courts,
New Delhi District. The applicant is also stated to have clean
antecedents. The prosecution has also not raised any serious
apprehension that if applicant is admitted to bail then he is either a flight
risk or he may tamper with the evidence. Keeping in view the above said
discussion, totality of the facts and circumstances of the case and period
of custody of applicant, no fruitful purpose would be served by keeping
the above said applicant in further custody. The applicant/accused Asif
Hussain Ansari @ Sakir 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
Bail Matter No. 1009/2026
State Vs. Asif Hussain Ansari @ Sakir
FIR No. 46/2026
P. S : Cyber South West, Delhi
U/s : 112(2)/318(4)/317(5) BNS
Page No.5 of 5
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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 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.
8. It is clarified that if the applicant/accused would violate any 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.
9. 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.
10. The present bail application is disposed of accordingly.
Bail Matter No. 1009/2026
State Vs. Asif Hussain Ansari @ Sakir
FIR No. 46/2026
P. S : Cyber South West, Delhi
U/s : 112(2)/318(4)/317(5) BNS
Page No.5 of 5
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11.
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
30.05.2026
Bail Matter No. 1009/2026
State Vs. Asif Hussain Ansari @ Sakir
FIR No. 46/2026
P. S : Cyber South West, Delhi
U/s : 112(2)/318(4)/317(5) BNS
Page No.5 of 5
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