Final Order 8

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No.1265/2025
Sehrun Khan Vs. State
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS
08.09.2025
1. This order shall decide the application filed under Section
482 BNSS (438 CrPC) seeking anticipatory bail for
applicant/accused Sehrun Khan.
2. The present anticipatory bail application has been filed by
applicant Sehrun Khan, seeking protection in FIR No.04/2025,
registered at Police Station-Cyber, South-West District, New
Delhi.
3. The FIR arises out of a complaint lodged by Mr. Sanjay
Sen Gupta alleging cyber fraud to the tune of Rs.14 lakhs being
siphoned off from his HDFC bank account. The investigation
revealed that the cheated amount was laundered through multiple
mule accounts and withdrawn through ATMs at Jaipur, Patna and
Alwar.
4. During the investigation, names of several accused persons
surfaced including Sahil Khan, Sajid Khan, Sehrun Khan and
Narender Khan.
5. The role of present applicant has been disclosed by co-
accused persons and have been supported by CDR mapping,
power location charts, bank account analysis and CCTV footage
of ATM withdrawals.
6. As per the record, Non-Bailable Warrants have already
been issued against the applicant while some co-accused have
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS Page 1 of 6
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been arrested and enlarged on regular bail upon payment of
money to the complainant. The applicant has evaded joining
investigation despite service of notices under section 35(3) of
BNSS and has remained absconding.
7. It is argued by Ld. Counsel for the applicant/accused
submits that the applicant is falsely implicated, that he is merely
running a shop and do not have any criminal antecedents. It is
further contended by Ld. Counsel for the applicant that no
recovery has been effected from the applicant.
8. Ld. Counsel for the applicant urged that the allegations
levelled against the applicant are general in nature; the
prosecution story highlighted withdrawal of the cheated money
from various ATMs, but fails to give account of the specific date,
account number and amount etc. pertaining to the offence.
9. Ld. Counsel thus, contended that the applicant is ready and
willing to join the investigation subject to grant of protection the
anticipatory bail.
10. The present application is vehemently opposed by the State
on the ground that the custodial interrogation of the applicant is
required to unearth the modus operandi of the organized cyber
crime. The linkages between Mewat and Jharkhand and
apprehension of co-accused persons requires thorough probe in
cooperation with the custodial interrogation of the applicant.
11. The State has also argued that the conduct of the applicant
has been totally non-cooperative, as despite repeated service of
notices, he did not join the investigation. It is also submitted by
the State that Sehrun was also shown in the CCTV footage of the
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS Page 2 of 6
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ATM and there is CDR connect of the applicant with the co-
accused persons alongwith the disclosure statements.
12. It is also argued by the State that applicant has criminal
antecedents as six cyber related cases are pending against the
applicant.
13. This court has considered the arguments advanced from
both the sides.
14. The applicant is named by the co-accused persons during
the investigation and his mobile number as well as tower
locations have matched with the places of withdrawal.
15. As evident from the record the applicant has failed to
cooperate in investigation despite notice and is evading arrest.
NBWs have already been issued against the applicant.
16. This court is of the view that the allegations against the
applicant relates to organized cyber crime involving defrauding
of innocent citizens. The custodial interrogation is necessary to
ascertain the larger conspiracy so as to trace the money trail and
apprehend the absconding accused persons.
17. At this stage, it is relevant to cite the recent decision of the
Hon’ble Supreme Court of India in the case of SFIO Vs. Aditya
Sarda, Crl. Appeal No.13956 of 2023, decided on 9th April 2025,
wherein it was observed that:
“23. In view of above settled legal position, it is no more
res integra that economic offences constitute a class apart,
as they have deep rooted conspiracies involving huge loss
of public funds, and therefore such offences need to be
viewed seriously. They are considered as grave and serious
offences affecting the economy of the country as a whole
and thereby posing serious threats to the financial health of
the country. The law aids only the abiding and certainly not
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS Page 3 of 6
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its resistants. When after the investigation, a chargesheet is
submitted in the court, or in a complaint case, summons or
warrant is issued to the accused, he is bound to submit
himself to the authority of law. If he is creating hindrances
in the execution of warrants or is concealing himself and
does not submit to the authority of law, he must not be
granted the privilege of anticipatory bail, particularly when
the Court taking cognizance has found him prima facie
involved in serious economic offences or heinous offences.
In such cases when the court has reason to believe that the
person against whom the warrant has been issued has
absconded or is concealing himself so that warrant could
not be executed, the concerned court would be perfectly
justified in initiating the proclamation proceedings against
him under Section 82 Cr.P.C. The High Courts should also
consider the factum of issuance of non-bailable warrants
and initiation of proclamation proceedings seriously and
not casually, while considering the anticipatory bail
application of such accused.
18. Also, in the case of Srikant Upadhyay & Ors. Vs. State of
Bihar & Anr., 2024 SCC Online SC 282, the Hon’ble Apex Court
observed as under:
“9……. It is thus obvious from the catena of decisions
dealing with bail that even while clarifying that arrest
should be the last option and it should be restricted to cases
where arrest is imperative in the facts and circumstances of
a case, the consistent view is that the grant of anticipatory
bail shall be restricted to exceptional circumstances. In
other words, the position is that the power to grant
anticipatory bail under Section 438, Cr.PC is an
exceptional power and should be exercised only in
exceptional cases and not as a matter of course. Its object is
to ensure that a person should not be harassed or
humiliated in order to satisfy the grudge or personal
vendetta of the complainant……...”
“10……. When a Court grants anticipatory bail what it
actually does is only to make an order that in the event of
arrest, the arrestee shall be released on bail, subject to the
terms and conditions. Taking note of the fact the said
power is to be exercised in exceptional circumstances and
that it may cause some hinderance to the normal flow of
investigation method when called upon to exercise the
power under Section 438, Cr.PC, courts must keep
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS Page 4 of 6
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reminded of the position that law aides only the abiding
and certainly not its resistant. By saying so, we mean that a
person, having subjected to investigation on a serious
offence and upon making out a case, is included in a charge
sheet or even after filing of a refer report, later, in
accordance with law, the Court issues a summons to a
person, he is bound to submit himself to the authority of
law. It only means that though he will still be at liberty,
rather, in his right, to take recourse to the legal remedies
available only in accordance with law, but not in its
defiance. We will dilate this discussion with reference to
the factual matrix of this case. However, we think that
before dealing with the same, a small deviation to have a
glance at the scope and application of the provisions under
Section 82, Cr.PC will not be inappropriate……..”
19. Further, in the case of Nimmagadda Prasad Vs. Central
Bureau of Investigation, 2024 SCC OnLine SC 282, the Hon’ble
Supreme Court of India held that:
“23. Unfortunately, in the last few years, the country has
been seeing an alarming rise in white-collar crimes, which
has affected the fiber of the country’s economic structure.
Incontrovertibly, economic offences have serious
repercussions on the development of the country as a
whole. In State of Gujarat vs. Mohanlal Jitamalji Porwal
and Anr. (1987) 2 SCC 364 this Court, while considering a
request of the prosecution for adducing additional
evidence, inter alia, observed as under:- “5.....The entire
Community is aggrieved if the economic offenders who
ruin the economy of the State are not brought to book. A
murder may be committed in the heat of moment upon
passions being aroused. An economic offence is committed
with cool calculation and deliberate design with an eye on
personal profit regardless of the consequence to the
Community. A disregard for the interest of the Community
can be manifested only at the cost of forfeiting the trust and
faith of the Community in the system to administer justice
in an even handed manner without fear of criticism from
the quarters which view white collar crimes with a
permissive eye unmindful of the damage done to the
national economy and national interest….”
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS Page 5 of 6
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20. In light of the above discussions and taking into note the
seriousness of the economic allegations, the applicant’s non-
cooperative behaviour, issuance of NBWs against the applicant
and the criminal antecedents, this court do not find any ground
for giving the protection of anticipatory bail to the applicant.
21. Accordingly, the application for anticipatory bail of
applicant Sehrun Khan stands dismissed. Applicant is directed to
join the investigation.
22. A copy of the order be given dasti to the Ld. Counsel for
the applicant.
23. A copy of the order be sent to the Investigating Officer for
his/ her information.
(Aparna Swami)
Bail Roster Judge/ASJ-07
NDD/PHC/New Delhi
08.09.2025
FIR No. 04/2025
PS Cyber/ South West, New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) BNS Page 6 of 6
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