Final Order 6

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 1364/2025
KETAN MISHRA VS STATE
FIR No. 40/2025
Police Station CYBER NEW DELHI
06.09.2025
ORDER
1. The present FIR bearing No. 40/2025 is registered under Section
318 (4)/61 (2) of BNS in Police Station Cyber, South West, Delhi on
complaint of one Mr Kushagra Rai.
2. The complainant alleged that he was induced and cheated by
online fraudsters under the pretext of work from Home assignments and
reward/cashback schemes, resulting in total loss of Rs 17.49 lacs. As per
the allegations, the cheated amount was deposited in multiple bank
accounts. One such account with Kotak Mahindra Bank was in the name
of Tarun Namdev which was credited with Rs 30,000/-. The said funds
were withdrawn via ATM, Agra, Uttar Pradesh.
3. During the investigation, IP logs of alleged transactions were
obtained and resolved with the concerned ISP. They were found to be
associated with the accused Ketan Mishra, along with co-accused persons
Vishwas Sharma and Kratarth Bhargava.
4. As per the prosecution, the CDR analysis revealed that during the
relevant period i.e. from 25-26.05.2025, the accused persons were present
in Agra where the fraudulent withdrawals took place.
Bail Matters 1364/2025
KETAN MISHRA VS STATE
FIR No. 40/2025
Police Station CYBER NEW DELHI
Page no. 1 of 3
-- 1 of 3 --
5. It is submitted by the Ld counsel for applicant that applicant has
been falsely implicated in the present case by asserting that he has no
connection with the complainant or the co-accused persons. The Ld
counsel further contended that accused/applicant is a student and
permanent resident of Madhya Pradesh and undertakes to comply with all
the conditions put in the bail order.
6. Per contra, the present bail application is opposed by the
prosecution by submitting that the IP logs and CDR connects the
applicant/accused to crime. It is also submitted that accused is allegedly a
regular provider of bank accounts to fraudesters and thus, is directly
involved in commission of alleged offence. The Ld Addl. PP for State
assisted by the Investigating Officer also submits that total 04 NCRP
complaints are linked with the bank account of the applicant. Moreover,
applicant is not the permanent resident of Delhi, and is said to be a flight
risk.
7. Ld Addl. PP for the State also argued that the investigation in the
present FIR is still at its initial stages and release of applicant at this stage
may hamper the investigation.
8. This court has considered the arguments advanced from both the
sides and have perused the record. In the present case, the allegations
involves the commission of serious economic offence of organized Cyber
crime, wherein a large number of money was siphoned off by way of
online frauds. The material collected during the investigation prima facie
Bail Matters 1364/2025
KETAN MISHRA VS STATE
FIR No. 40/2025
Police Station CYBER NEW DELHI
Page no. 2 of 3
-- 2 of 3 --
connects the accused with the offence through IP logs, CDR analysis and
linkage of bank accounts.
9. It is also observed by this court that the investigation in the present
FIR is still underway, and crucial electronic and documentary evidence is
yet to be collected. Therefore, release of accused at this stage may
prejudice the ongoing investigation.
10. Hence, considering the gravity of offence, stage of investigation
and the involvement of applicant in organized fraud, this court of the
opinion that no case is made out for release of applicant on bail. Hence,
the present application is dismissed.
11. The application stands disposed off accordingly.
12. A copy of the order be given dasti to Ld. Counsel for
applicant/accused. One copy of the order be sent to the Investigating
Officer for his/ her information. One copy of the order be sent to
concerned Jail Superintendent to be served upon the accused/ applicant.
(Aparna Swami)
ASJ-07/Bail Roster Judge/PHC/New Delhi
06.09.2025
Bail Matters 1364/2025
KETAN MISHRA VS STATE
FIR No. 40/2025
Police Station CYBER NEW DELHI
Page no. 3 of 3
-- 3 of 3 --