Final Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF DR. PANKAJ SHARMA :
VACATION JUDGE/ DISTRICT JUDGE-02 /WAQF
TRIBUNAL :
PATIALA HOUSE COURTS : NEW DELHI
Bail Application No. 1081/26
FIR no. 30/2026
P.S Cyber New Delhi
State Vs. Liton Bera
24.06.2026
Present : Sh. Ajay Kumar Aggarwal, Ld. Addl. PP for the
State.
Sh. Jitender Ratta, Ld. Counsel for
applicant/accused
IO/ Jitender Kumar in person.
Reply filed.
Ld. Counsel for applicant/accused has submitted that
there is no financial transaction linked to the accused and against
the main accused, chargesheet has already been filed. He has
been implicated in the present case on the disclosure statement
of co-accused. It is submitted that status report filed by the IO is
contradictory regarding magnitude of cheated amount and no
notice has been issued by the IO of the accused to join the
investigation.
It is submitted that applicant/accused is a law
abiding citizen. It is further averred that the present FIR was
registered on 12.03.2026 at Cyber Police Station, South West
District, Delhi U/s 318(4) of the BNS, 2023. It is further averred
that present FIR was registered on the complaint of Kamal
Kishore Sahu s/o Jogeshwar Sahu alleging that he has been
cheated in an online dating portal.
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It is further averred that applicant/accused has been falsely
implicated in the present case and he has nothing to do with the
alleged offence. It is further averred that a bare perusal of the
FIR it appears that the applicant/accused has not even been
named in the same and even otherwise there are no allegations of
forgery against the applicant/accused herein the present FIR.
It is further submitted that on 16.03.2026 police raided a
call centre which the applicant has no relation neither as an
owner nor an employee and applicant/accused was not present at
the said place, where a raid was conducted by the police official.
It is further submitted that applicant was unable to join the
investigation as 2 years and 8 months old daughter namely baby
Aaheli Bera of the applicant was suffering from serious heart
ailments and the applicant has to attend her daughter in such
critical condition.
It is further averred that applicant shall cooperate with the
Investigating Officer and undertakes to join the investigation as
and when required by the Investigating Officer. Accordingly a
prayer is made to direct SHO, P.S Cyber South West to release
the applicant in the even of arrest.
Application is strongly opposed on behalf of presecution
submitting that involvement of the present accused is surfaced in
running of online dating scam with connivance of the other co-
accused persons. It is submitted that accused was part of an
organised Cyber Fraud racket through a fake dating service for
cheating persons and his role has been clearly established from
technical evidence recovery. The investigation regarding
identification of the additional victims, tracing of cheated
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money, examination of digital evidence and apprehension of
other co-
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accused is still underway. Despite notice U/s 35(3) of BNSS
served to the application, he did not joint the investigation yet
after directions of Hon’ble Court. He joined the investigation but
he remained invasive during questioning. He produced his
mobile phone only after resetting the same. His conduct with co-
accused Shahbaz Ali is established as he gave direction to close
the call center while police reached at his office.
Heard. Perused.
Considering the seriousness of the offence in the
back drop of role of accused in the cyber crime syndicate and
the fact that his custodial interrogation is deemed necessary for
the fair investigation, no ground is made out for grant of
anticipatory bail. Accordingly the application is dismissed.
(Dr. PANKAJ SHARMA)
Vacation Judge/DJ-02/Waqf Tribunal
NDD/PHC/ND/24.06.2026
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