Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 1543/2026
STATE OF DELHI Vs. KATHERIYA JAYESH KUMAR
Bail Matters 1544/2026
STATE OF DELHI Vs. AMARDEEP KULDEEP TIWARI
FIR No. 124/2026
PS CYBER NEW DELHI
U/sec 61(2)/318(4)/319/340 BNS
16.07.2026
These are two applications under section 483 BNSS for grant of
regular bail moved on behalf of accused/applicant Katheriya Jayesh
Kumar and Amardeep Kuldeep Tiwari.
Present: Sh. A. B. Asthana, Ld. Addl. PP for the State.
Sh. Vinay Redhu, Ld. Counsel for accused/applicants.
IO SI Nitesh is present.
Complainant Krishan Kumar is also present.
Reply to the applications have already been filed.
Complainant submits that he has received demand draft
i.e., DD No. 247944 dated 15.07.2026 for Rs. 3,50,000/- drawn on
State Bank of India, Mehghani Nagar, Ahmedabad from the accused
Katheriya Jayesh Kumar and Amardeep Kuldeep Tiwari.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused persons that they have
been falsely implicated in this case and they are in custody since
26.04.2026. It is further submitted that present FIR was initially
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registered against unknown persons and accused persons have not
been named in the FIR. It is further submitted that investigation
against accused persons have already been completed and relevant
bank records, KYC documents, account opening forms, CDRs,
electronic evidence and other documentary material have already
been seized by the police. It is submitted on behalf of accused
persons that they are ready to pay amount of Rs. 3,50,000/- which
was received in their account to the complainant. It is further
submitted that two co-accused persons involved in the same Fir and
arising out of the same transaction have already been granted
regular bail. Hence, it is prayed that accused persons may also be
released on bail as they are ready to abide with any condition
imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2. On the other hand, Ld. Addl. PP for the State has
vehemently opposed the bail applications stating that as per reply
filed by IO present complaint was registered on the complaint of
Krishan Kumar wherein he alleged that he had been duped for a
sum of Rs. 11.25 lacs on the pretext of investment. He further
alleged that he came across the fraudsters through WhatsApp and
Telegram handles.
2.1 During the fraud, the cheated amount was transferred
into many alleged accounts and one such account of Bandhan Bank
bearing No. 20100077096679 IFSC Code- BDBL0002404
(Layer-1) in the name of Bhagvati Enterprises was found in which
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total Rs. 3.5 lacs were deposited during the fraud. During
investigation, notices were sent to Bandhan Bank and during
analysis of the bank account statement, KYC and AOF, it came to
know that said account is a joint current account opened under the
KYC of both accused persons namely Amardeep Kuldeep Tiwari
and Katheriya Jayeshkumar. Mobile number i.e., 8140079591 of
accused Katheriya Jayeshkumar and e-mail ID i.e.,
tiwariamardeep024@gmail.com of accused Amardeep Kuldeep
Tiwari were linked with the alleged bank account.
2.2 During investigation, raids were conducted in the area
of PS Meghaninagar, Ahmedabad and accused persons namely
Amardeep Kuldeep singh and Katheriya Jayeshkumar were traced
and notice under section 35.3 BNSS were served upon them to join
the investigation. Both accused persons joined the investigation but
did not cooperate in the same and kept on misleading the police.
Thereafter, both the accused persons were arrested in this case.
2.3 It is further submitted that allegations against accused
persons are serious in nature. Approximately Rs. 50 lacs was
deposited in the present account during the fraud. It is further
submitted that total 11 NCRP complaints are linked with the present
account. Hence, it is prayed that present bail applications may be
dismissed in the interest of justice.
3. Submissions heard. Record perused.
FINDINGS/CONCLUSION
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4. Accused/applicant are in custody since 26.04.2026.
Investigation against them have already been completed and charge sheet
has already been filed. Accused persons have repaid the cheated amount
i.e., Rs. 3,50,000/- to complainant. Account in which the cheated amount
was transferred, has already been freezed and no further transaction can
be done in the alleged account. Accused persons are not involved in any
other case and trial shall take a considerable long time. Accused
persons are not at flight risk and evidence is documentary in nature
which has already been seized by the IO. Hence, I deem it
appropriate to exercise discretion in favour of accused/applicant
Katheriya Jayesh Kumar and Amardeep Kuldeep Tiwari and
accordingly, accused/applicant Katheriya Jayesh Kumar and
Amardeep Kuldeep are admitted to bail subject to furnishing a
personal bond in the sum of Rs. 25,000/- each with surety in the like
amount to the satisfaction of Ld. Trial court/Duty JMFC on the
following conditions:
i) That the applicant/accused will supply all numbers of his
functioning phones/mobile phones to the IO as well as about his
whereabouts.
ii) That the applicant/accused shall not tamper with the evidence;
iii) That the applicant/accused shall not try to contact in any manner
or threat the prosecution witnesses;
iv) That in case of change of his residential address, he shall
intimate the court about the same;
v) That the applicant shall attend the Court on each and every date
of hearing without fail;
vi) that he shall not leave the country without permission of court;
vii) that he shall deposit his passport with the IO;
viii) In case of involvement in any criminal case during bail
period the bail shall be liable to be cancelled.
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Nothing stated above herein shall tantamount of any
expressions on the merits of this case.
Pursuant to directions issued by Hon’ble Supreme
Court of India in SMWP (Criminal) No. 4/2021 titled as In Re
Policy Strategy for Grant of Bail as well as in compliance of
judgment titled as Ajay Verma Vs. State, copy of this order be sent
to Jail Superintendent through e-mail.
Copy of this order be given dasti as prayed for.
(Dhirendra Rana)
Bail Roster Judge/
ASJ-07/PHC/New Delhi
16.07.2026
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