Final Order 10

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 1030/2026
THE STATE AND ORS Vs. AJAY KUMAR PASWAN
FIR No. 21/2025
PS CYBER NEW DELHI
U/sec 308/318(4)/319/340 BNS
27.07.2026
This is second application under section 483 BNSS for grant of
regular bail moved on behalf of accused/applicant Ajay Kumar
Paswan.
Present: Sh. A. B. Asthana, Ld. Addl. PP for the State.
Sh. Abhimanyu Goel, Sh. Sahil Mahajan and Sh. Jitesh
Talwani, ld. Counsels for accused/applicant.
A reply has been received from Additional DCP in
pursuance of previous order wherein it is stated that explanation has
been called from the IO on account of investigation lapses and
SHO/IO has been directed to appear before the court but they are
absent.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. 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-
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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 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 charge sheet has already been filed and no useful
purpose will be served in keeping accused/applicant in custody. It is
further submitted that accused/applicant has already been granted
bail by the Hon’ble Allahabad High Court in the larger connected
matter. 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
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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.
1.1 Ld. Counsel has relied upon Varun Vashista Vs. State
NCT of Delhi bail application No. 3518/2024 decided on
12.11.2024 in support of his arguments.
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 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.
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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 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
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further offence of similar nature, if released on bail. It is further
submitted that co-accused Ishwar Singh Chand is yet to be
apprehended. Hence, it is prayed that present application may be
dismissed in the interest of justice.
3. Submissions heard. Record perused. I have also gone
through the case law relied upon by Ld. Counsel for
accused/applicant.
FINDINGS/CONCLUSION
4. 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
and also allowed him 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 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
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transferred the said amount by using official ID and password of
accused/applicant.
4.1 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.
4.2 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.
4.3 The judgment/order relied upon Ld. Counsel for the
accused/applicant is not applicable to the present case being
distinguishable on facts. Moreover, 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.
4.4 In Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu
Yadav 2005 SC 91, Hon’ble Supreme Court held that an accused
has a right to make successive applications for grant of bail, the
court entertaining such subsequent bail application has a duty to
consider the reasons or grounds on which the earlier bail
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applications were rejected. In such cases, the court also has a duty to
record what are the fresh grounds which persuade it to take a view
different from the one taken in the earlier application.
4.5 All the grounds pleaded in this application were also
available with accused/applicant at the dismissal of first application
vide order dated 18.03.2026. Mere filing of charge sheet and
granting bail in Criminal Misc. Bail Application No. 11128/2026 by
Hon’ble Allahabad High Court are not a change of circumstances. I
find no fresh ground pleaded on behalf of accused/applicant in this
application.
4.6 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 commit further
offence of similar nature, if released on bail. Hence, I do not find
any reason to exercise discretion in his favour.
4.7 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.
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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
27.07.2026
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