Final Order 5

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. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
O R D E R
03.06.2026
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. Additional reply and reply to the bail application have 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 custody in this case since 29.04.2026, he is innocent, he has been
falsely implicated in this case and is not required for any further
investigation. It has also been stated that the applicant has clean
antecedents. He stated that after the arrest of the applicant, his police
custody remand was not sought by the police. He stated that applicant
has no connection with co-accused Amardeep Kuldeep Tiwari and
Bail Matter No. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
Page No.6 of 6
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Katheriya Jayeshkumar who both are stated to be residents of
Ahmedabad, Gujarat. He submitted that applicant is a Professor, he had
gone to Mumbai only to visit his friend and was not aware of any cyber
fraud. He stated that applicant was arrested in a mechanical way without
any proper compliance of Section 35 BNSS by the police. He stated that
the mobile phone of the applicant has already been seized and the
applicant is not required for any further investigation. He also stated that
the case of the prosecution against the applicant is only an unbeleivable
story. He stated that any condition whatsoever may be imposed and the
applicant may be admitted to bail.
5. Ld. Addl. PP for State has opposed the bail application stating that
the applicant was present in the same area in Ahmedabad with the account
holders at the time of operation of the said account. He stated that the
applicant was in continuous touch with co-accused Hafeji Yusuf Ibrahim
through calls at the time of commission of the offence i.e. when Bandhan
Bank account was being operated in Kolkata by fraudsters and at that time
the said co-accused was in Kolkata where the account was operated. He
also stated that the applicant was using an Indonesian number and the
details/credentials of alleged account were supplied to co-accused Hafeji
Yusuf Ibrahim by a person using whatsapp with the said Indonesian
mobile number. He thus stated that the present application may be
dismissed.
Bail Matter No. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
Page No.6 of 6
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6. IO upon enquiry has stated that one mobile phone of the applicant
has already been seized, no police custody remand of the applicant was
taken during the investigation of the case and applicant is not required for
further investigation. He also stated that the applicant had taken
Rs.10,000/- as commission in cash for supplying the alleged bank account
to the fraudsters.
7. The case of the prosecution in nutshell is that the present FIR
was registered on the complaint of Sh.Krishan Kumar wherein he alleged
that he was duped to a sum of Rs.11.25 lakhs on the pretext of investment
and that he came across the fraudsters through whatsapp and Telegram
handles. During the fraud, the cheated amount was transferred into many
alleged accounts and one such account of Bandhan Bank bearing account
no. 20100077096679 in the name of Bhagvati Enterprises was found
wherein a total of Rs.3.5 lakhs were deposited. During investigation, it
was known that the said account is a joint account opened under the KYC
of co-accused persons Amardeep Kuldeep Tiwari and Katheriya
Jayeshkumar. During submissions, IO stated that both the said co-accused
are running in judicial custody. During investigation, one another co-
accused Hafeji Yusuf Ibrahim was apprehended and it came to light that
details/credentials of above said alleged account were supplied to him by
a person using whatsapp with mobile number +62 82315363860
(Indonesian number). During further investigation, the applicant was
served a notice under Section 35 (3) BNSS to join the investigation, the
Bail Matter No. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
Page No.6 of 6
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applicant joined the investigation, however, did not cooperate in the same.
The applicant was arrested in the present case on 29.04.2026. One mobile
device was found in the possession of the applicant was seized and during
analysis it was found that the applicant was using said mobile number +62
82315363860 (Indonesian number) through whatsapp i.e. the number by
which the details of the alleged account were shared with co-accused
Hafeji Yusuf Ibrahim. Some chats have also been recovered from his
mobile phone and were also recovered from the mobile device seized
from co-accused Hafeji Yusuf Ibrahim. It has been stated that the
applicant was present in the same area in Ahmedabad with the account
holders at the time of operation of present account and was also in
continuous touch with co-accused Hafeji Yusuf Ibrahim through calls
when the said account was being operated in Kolkata. As per the
additional reply of the IO, the applicant has received Rs.10,000/-
commission in cash for supplying the said bank account to the fraudsters.
8. The applicant is stated to be in custody in this case since
29.04.2026 i.e. he has suffered a custody of about 35 days. It is an
admitted position that his mobile phone has already been seized, the
police custody remand of the applicant was not taken during investigation
of the present case and he is not required for any further investigation. He
is also stated to have clean antecedents. No reasonable apprehension has
been shown by the prosecution that if applicant is released on bail then
either he would commit the similar offence or would try to tamper with or
Bail Matter No. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
Page No.6 of 6
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influence prosecution witnesses or that he is a flight risk. In view of 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 Hareshbhai Mansingbhai Badhiya is thus admitted to
bail on furnishing a personal bond in the sum of Rs.50,000/- 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 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 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.
Bail Matter No. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
Page No.6 of 6
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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
03.06.2026
Bail Matter No. 1042/2026
State Vs. Hareshbhai Mansingbhai Badhiya
E-FIR No. 124/2026
P. S: Cyber, South West, New Delhi
U/s : 318(4)/319/340/61(2) BNS
Page No.6 of 6
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