Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 1445/2025
Iqbal Hussain Vs. State
FIR No. 07/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2) BNS &
S. 66C & 66D of IT Act
17.09.2025
1. This application has been filed on behalf of
applicant/accused Iqbal Hussain, seeking grant of regular bail in
case FIR No.07/2025, registered at Police Station-Cyber, New
Delhi District.
2. The facts of the prosecution case are that a complaint was
received from the Ministry of Rural Development regarding
fraudulent/ malicious websites and of unlawfully deceiving
innocent citizens by offering job opportunities under the guise of
an official ministry website. It is alleged that the websites
uploaded pictures of Hon’ble Minister and other senior officers,
demanded registration money and caused large scale cheating of
gullible job seekers.
3. During the investigation, a QR code linked to certain bank
accounts was traced revealing transactions to the tune of
approximately Rs.13,16,671/- received in multiple entries of
Rs.299/- and Rs.399/-. The technical investigation and CCTV
evidence allegedly connect the present applicant to the
withdrawal of cheated funds from the linked accounts. From the
possession of the applicant, cheque books, debit cards and mobile
phones were recovered. During the investigation, the role of co-
accused persons namely Bhaskar Jit and Rasheed Chaudhary also
FIR No. 07/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2) BNS &
S. 66C & 66D of IT Act Page 1 of 4
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surfaced. While Rasheed Chaudhary was arrested, Bhaskar Jit
remains absconding.
4. It is submitted by Ld. Counsel for the applicant/ accused
that applicant is in custody since 18.05.2025. It is further
submitted that co-accused Rasheed Chaudhary is on bail, hence
Ld. Counsel presses the present bail application primarily on the
ground of parity with co-accused Rasheed.
5. It is also argued by Ld. Counsel for the applicant/ accused
that applicant was simply an employee of co-accused Bhaskar Jit,
who on the directions of his employer went to withdraw from the
ATM.
6. Ld. Counsel for the applicant/ accused also submits that as
applicant has joined the investigation and qua the applicant the
investigation is complete, therefore, no purpose will be served in
keeping the applicant in further custody as applicant is a sole
bread earner of his family and is having clean antecedents.
7. On the other hand, the present bail application is opposed
by the State on the grounds that the offence is grave and serious
in nature involving cyber fraud on large number of unsuspecting
citizens. It is further submitted by Ld. Addl. PP for the State that
the applicant is found connected with fraudulent transactions and
withdrawal, and there is every likelihood of his tampering with
the evidence or influencing witnesses, if released on bail.
8. This court has considered the arguments advanced from
both the sides and has perused the record.
9. The allegations disclosed commission of cyber fraud on a
wide scale, involving a well planned conspiracy to deceive job
FIR No. 07/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2) BNS &
S. 66C & 66D of IT Act Page 2 of 4
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aspirants. The evidence collected so far includes technical data,
account details and CCTV footages linking the applicant to the
fraudulent withdrawals. It is also observed from the record that
there had been recovery of debit cards and cheque books at the
instance of the applicant/ accused which further gives strength to
the version of prosecution.
10. The ground of parity as pleaded by L.d Counsel for the
applicant is found to be without any merits as the co-accused
Rasheed Chaudhary got bail after depositing a sum of Rs.7 lakhs
in the court.
11. It is relevant to cite the case of Y. S. Jagmohan Reddy Vs.
CBI, (2013) 7 SCC 439, wherein it was observed that:
“Economic offences constitute a class apart and need to be
visited with a different approach in the matter of bail”
12. Also, in the case of State of Gujarat Vs. Mohanlal
Jitamaliji Porwal, AIR 1987 SC 1321, it was observed:
“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.”
13. In light of the above observations, in the present case the
role of the applicant cannot be segregated at this stage. The
gravity of offence, magnitude of cheating and the technical
FIR No. 07/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2) BNS &
S. 66C & 66D of IT Act Page 3 of 4
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evidence on record indicates complicity with co-accused Bhaskar
Jit who is still absconding and NBWs are taken by the
investigating machinery. Thus, there exists a genuine
apprehension that if, accused is released on bail, he may hamper
the investigation.
14. Hence, maintaining a balance between a individual liberty
and societal interest, this court do not find any merit in the
application seeking regular bail for applicant/accused Iqbal
Hussain. Hence, stands dismissed.
15. Nothing observed above shall have bearing on the merits
of the case.
16. A copy of the order be given
dasti to the Ld. Counsel for
the applicant/accused. In compliance of Sanjay Singh Vs. State
(Govt. of NCT of Delhi), Writ Petition, Crl. No. 974/22, a copy
of this order be sent to the concerned Jail Superintendent to be
served upon the accused/ applicant.
(Aparna Swami)
Bail Roster Judge/ASJ-07
NDD/PHC/New Delhi
17.09.2025
FIR No. 07/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2) BNS &
S. 66C & 66D of IT Act Page 4 of 4
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