Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28 BAIL MATTERS 1323/2026
STATE OF DELHI VS. XXXXX
FIR NO. 07/2026
PS: CYBER NEW DELHI
U/S 112(2)/317(2)/318(4)/61(2) BNS
11.06.2026
This is an bail application u/s 480/483 BNSS moved on
behalf of the applicant/accused X.
Present : Sh. Shiv Kumar, Ld. Addl.P.P. for the State.
Sh. Shivek Kaushik, Sh. A.Abhiraj Ray and Sh. Aamir
Abbas Naqvi, Ld. counsel for applicant/accused.
IO W/PSI Komal.
TCR received.
Ld. counsel for the applicant/accused prays for grant of
bail to applicant/accused on medical grounds. Ld. counsel argued on
the lines of bail application while submitting that applicant/accused is
in JC since 06.04.2026. It is further stated that allegations against the
applicant/accused are that his joint account with his brother Mohd.
Saleem in ICICI Bank was used to receive and siphon off funds
defrauded from multiple victims involving cheated amount of
approximately Rs. 54 Lakhs. It is further stated that the applicant
/accused allegedly handed over account details, ID passwords and the
Page 1 of 4
-- 1 of 4 --
SIM card on which OTPs were received to co-accused Sandeep and
Naseem through one Col. Harvinder Kohli, in exchange for a
commission of 2-3%. It is further stated that during custodial
interrogation of applicant/accused his mobile phones were already
seized and nothing more required to be seized from his possession. It is
further urged that co-accused Mohd. Saleem and Mohd. Javed have
already been arrested and co-accused Harvinder Kohli and Naseem
have already been served with notice to join investigation, and as such
further custodial interrogation of the applicant/accused is not required.
It is further urged that the applicant/accused is HIV-1
Positive and he has been under continuous ART (Anti-Retroviral
Therapy) since 2013 and he had undergone treatment for Herpes
Zoster shortly before his arrest. It is prayed that since custodial
interrogation of the applicant/accused is not required, considering the
medical ground, he may be granted bail in this case.
The Ld. Addl. Public Prosecutor opposed the bail
application, highlighting the gravity of the offence involving cyber
fraud and the need to prevent tampering with evidence. It is further
urged that there is no change of circumstances after dismissal of bail
application of applicant/accused by the court of Ld. JMFC-07 vide
order dated 25.05.2026. It is further urged that as per medical status
report of CMO, Central Jail, medical condition of the inmate patient is
Page 2 of 4
-- 2 of 4 --
stable and he is receiving applicable medical support through Jail
dispensary. It is accordingly prayed that bail ought not to be granted to
the applicant/accused.
I have heard ld. counsel for the parties and perused the
record.
As per medical status report of applicant/accused
submitted by CMO, Central Jail, as per blood investigations of patient,
his HIV-I was found reactive for which confirmatory test has been sent
to Central Hail Hospital, report of which is awaited, whereas he is
scheduled for ART Clinic review in next few days. It is submitted that
if the patient is reported as HIV-Positive in confirmatory test, his
applicable ART treatment and dietary support would be ensured
through jail dispensary. It is further submitted that at present general
condition of the inmate patient is stable and he is receiving applicable
medical support through jail dispensary.
IO also verified medical documents of applicant/accused
of Max, Superficiality Hospital, Saket, however, lab reports of 2013,
2014, 2015 and 2018 SRL Diagnostics are yet to be verified.
Considering the above-mentioned submission and health
status report of the applicant/accused as well as the fact that the
requisite medical treatement is being provided to the applicant/
accused in jail, the bail application of applicant/accused is dismissed.
Page 3 of 4
-- 3 of 4 --
Application stands disposed off accordingly.
Superintendent jail is directed to provide proper medical
treatment to the applicant/accused
TCR be sent back.
Copy of order be given dasti to ld. counsel for
applicant/accused and copy of order be also sent to the Superintendent
Jail concerned for necessary compliance.
Application be consigned to Record Room.
(DEEPALI SHARMA)
Vacation Judge/District Judge (Commercial Court-03)
PHC / New Delhi /11.06.2026
Page 4 of 4
-- 4 of 4 --