Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matter Nos.1001/2026 and 1045/2026
1. State Vs. Nitin Arya
2. State Vs. Vikash Saini
FIR No. 72/2026
P. S : Cyber South West, Delhi
U/s : 318(4) BNS
11.05.2026
These two bail applications u/s 483 BNSS filed on behalf of above said
applicants/accused for grant of regular bail are taken up together on the
joint request of all the parties as they are arising out of the same FIR.
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
SI Rajesh, IO of the case.
Sh. Deepak Singh Antil, and Ms.Palak Sirohi, Ld. counsels
for applicant/accused Nitin Arya.
Sh.Ikrant Sharma and Sh. Raj Kamal Tanwar, ld. Counsel for
applicant/accused Vikash Saini.
Complainant/victim Mr.Rakesh Pandey is physically present
in person.
IO has also identified the complainant/Victim Mr. Rakesh
Pandey.
Reply filed in bail application no. 1045/2026. Copy
supplied.
Reply has already been filed on bail application
no.1001/2026 and copy is stated to have already been supplied.
Heard and record perused.
At this stage, complainant has submitted that he is the sole
Contd...2.
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victim of the present case and he has already received total cheated
amount of Rs.1,00,000/- from the side of applicants/accused persons i.e.
Nitin Arya and Vikash Saini. He has submitted that he has no objection if
the above said applicants/accused persons are admitted to bail in this case
and that he is making the said statement voluntarily and without any force
or coercion. Let the statement of the complainant/victim be recorded
separately in that regard. The statement has been recorded accordingly
which is as under:-
"Bail Matter Nos.1001/2026, 1045/2026
1. State Vs. Nitin Arya
2. State vs. Vikash Saini
FIR No. 72/2026
P. S : Cyber South West, Delhi
U/s : 318(4) BNS
11.05.2026
Statement of Sh. Rakesh Pandey son of Sh. J.C.Pandey, aged About 49
Years, At present Resident of Flat No. A3, Plot No. 674, Shalimar Garden,
Extension 1, Sahibabad, Ghaziabad, UP-201005
On SA
I am the complainant and sole victim of the present case. I
have already received total cheated amount of Rs. 1,00,000/- from the
side of applicants/accused persons.
I have no objection if the above named applicants/accused
peraryasons are admitted to bail in this case.
I am making the said statement voluntarily and without any
force or coercion."
The case of the prosecution in nutshell is that the present
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Bail Matter Nos.1001/2026 and 1045/2026
1. State Vs. Nitin Arya
2. State Vs. Vikash Saini
FIR No. 72/2026
P. S : Cyber South West, Delhi
U/s : 318(4) BNS
FIR was registered on the complaint of Mr.Rakesh Pandey regarding
financial fraud of Rs.1,00,000/-. The complainant stated that he received
a call from a number on 06.02.2026 and an apk file was shared to him on
whatsapp number from mobile number 7017144195. He further stated
that thereafter his phone was hacked and on 19.02.2026, a sum of
Rs.1,00,000/- was deducted from his Uco Bank Account No.
10690100030228.
During investigation, the analysis of the account statement of
the victim was done and it was revealed that an amount of Rs. 50,000/-
was transferred to Indian Bank, Account No. 8245899022 which was
registered in the name of applicant/accused Nitin Arya with registered
mobile number as 9376858443. During investigation, the applicant Nitin
Arya had also disclosed that that he knowingly opened his said account
for settlement of cyber fraud money, applicant Vikash Saini had told him
to open the said account and on 10.02.2026, he along with applicant
Vikash Saini went to the said Indian Bank branch in Kotputli to open an
account where the opening account was also paid by applicant Vikash
Saini. As per report of the IO, thereafter, the mobile phone of applicant
Vikash Saini was seized and incriminating chats were recovered from the
said phone and it was disclosed by applicant/Vikash Saini that he had
supplied this account to a person, namely, D.P.Bishnoi.
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It has been submitted that both the applicants/accused
persons, namely, Nitin Arya and Vikash Saini are in custody in this case
since 27.03.2026. Ld. Counsel for the applicants has stated that
applicants are not required for further investigation and further they have
returned the cheated amount to the complainant/victim. He has also stated
that both the applicants have clean antecedents and are not flight risk.
The IO upon enquiry has submitted that the applicants are not required for
any further investigation.
Without commenting upon the merits of the case, it is an
admitted position that the complainant/victim has already received
cheated total cheated amount of Rs.1,00,000/- from applicants/accused.
The applicants, namely, Nitin Arya and Vikash Saini are in custody in this
case since 27.03.2026 i.e. they have already suffered a custody of about
45 days in this case and it seems that they are not required for any further
investigation. The prosecution has also not raised any serious
apprehension that if applicants are admitted to bail then they are flight
risk or they 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 commencing upon the merits of the case,
no fruitful purpose would be served by keeping the above said applicants
in further custody. The applicant/accused, 1) Nitin Arya and 2) Vikash
Saini are thus admitted to bail on furnishing a personal bond in the sum of
Rs.40,000/- each with one surety of the like amount each subject to the
satisfaction of Ld. CJM/Ld.Trial Court/Ld.Duty JMFC subject to the
following conditions:
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Bail Matter Nos.1001/2026 and 1045/2026
1. State Vs. Nitin Arya
2. State Vs. Vikash Saini
FIR No. 72/2026
P. S : Cyber South West, Delhi
U/s : 318(4) BNS
a) The applicants/accused persons shall join the investigation as and
when required by IO / SHO concerned.
b) The applicants/accused persons shall not commit any similar
offence or any offence while on bail.
c) The applicants/accused persons 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 applicants/accused persons shall not misuse the liberty of bail
in any manner and shall not flee from justice.
e) The applicants/accused persons shall not leave India without the
prior permission of the ld. Trial Court.
It is clarified that if the applicants/accused persons 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 persons.
The observations as made in this order are only for the
disposal of the present bail applications and these shall not be any
reflection on the merits of the case.
The present bail applications are disposed of accordingly.
Copy of this order be given dasti and be also sent to the
concerned Jail Superintendent for necessary information.
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Signed copy of this order be placed in both the files.
(Amit Bansal)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
11.05.2026
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