Final Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SH.AMIT BANSAL
ASJ-02, PATIALA HOUSE COURT, NEW DELHI
Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
24.11.2025
1. This common order shall dispose of two applications under Section 483
BNSS for grant of bail as filed on behalf of applicant/accused Pushkar
Chanderkant Pakhale and Raj Kumar Thunga pertaining to the above said case.
2. The replies to the bail applications have already been filed.
3. I have already heard the arguments and perused the record.
4. Ld. Counsel for the applicant/accused Raj Kumar Thunga has submitted
that the applicant/accused is in custody since 05.04.2025, his 5 days police
custody remand was taken by the investigating agency, the charge sheet has
already been filed and the applicant is not required for further investigation. He
fairly submitted that the bail application of the applicant has already been
dismissed by the ld. Sessions Court on 02.07.2025 after the filing of the charge
sheet. He submitted that as per the case of the prosecution, the complainant was
cheated to the tune of Rs. 48,59,308/- by way of digital arrest and out of it
Rs.33,90,872/- was received in the account operated by the applicant and that the
applicant was found in the possession of mobile phone linked with account
number. He submitted that the account of the said DBS Bank account no.
Contd...2.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
8787210000006972 was registered in the name of LN Technologies (OPC)
Private Limited, the ownership in the name of one Karanam Lakshmi Narayana
Santhosh Kumar. He submitted that the applicant is not concerned with the
alleged transactions and he has been shown as an associate of the said accused.
He submitted that the said accused Karanam Lakshmi Narayana Santhosh Kumar
had earlier joined the investigation but now has absconded and NBWs have been
issued against him. He further submitted that applicant is innocent, he is a semi
literate person, is a driver by profession and has been falsely implicated in the
present case. He also submitted that the applicant has no connection or
communication with the complainant, the applicant is not the one who put the
complainant under digital arrest, no recovery of any cheated amount has been
effected from him and no fruitful purpose would be served by keeping him in
further custody. He thus prayed that the applicant/accused Raj Kumar Thunga be
admitted to bail.
5. Ld. Counsel for the applicant/accused Pushkar Chanderkant Pakhale has
submitted that the applicant/accused is in custody since 10.04.2025, his 4 days
police custody remand was taken by the investigating agency, the charge sheet
has already been filed and the applicant is not required for further investigation.
She submitted that the applicant is innocent and has no connection with the
offences as mentioned in the charge sheet. She stated that the alleged bank
account no. 2402262757887303 of AU Small Finance Bank was opened in the
Contd...3.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
name of Youkeen Private Limited which was opened by Kapil Rambhau Patil
and Arjun Singh Avinash Patil who are also the directors of Youkeen Private
Limited. She stated that the said bank account was not accessed by applicant
during the period of time when the alleged offence took place and when the
complainant allegedly transferred an amount of Rs. 14,68,436/- in the said
account. She stated that Mr. Kapil Rambhau Patil was only bound down after
being served with notice under Section 35(3) BNSS. She stated that only Kapil
Rambhau Patil and Arjun Singh Avinash Patil can be the beneficiaries of the said
bank account, whereas the applicant has not received any of the amount. She
stated that the applicant has been falsely implicated in the present case and has a
strong case on merits. She submitted that the applicant is suffering from
Ulcerative Collitis. She also stated that co-accused Sanjay Chakraborty has
already been released on bail vide order dated 30.07.2025 of ld. Sessions Court.
She also submitted that vide order dated 17.09.2005 of Hon’ble High Court of
Delhi, the bail application of the applicant was permitted to be withdrawn with
liberty to approach the Sessions Court. She also submitted that the applicant has
no connection with the complainant and no recovery has been effected from the
applicant. She thus prayed that the applicant Pushkar Chanderkant Pakhale be
released on bail.
6. Per contra, Ld. Addl.PP for State submitted that the allegations in this case
are very serious in nature as digital arrest
modus operandi was used in this case.
Contd...4.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
He submitted that the total duped/cheated amount of the complainant in this case
is Rs.48,59,308/-. He stated that as per the case of the prosecution on
04.03.2025, two transactions of Rs. 28,20,436/- and Rs. 5,70,436/-, totalling
Rs.33,90,872/- were done by the complainant and the said total amount of
Rs.33,90,872/- was settled in the DBS Bank Account No. 8787210000006972
registered in the name of LN Technologies (OPC) Private Limited with
ownership in the name of Karanam Lakshmi Narayana Santosh Kumar. He
submitted that on 04.03.2025 an amount of about Rs. 1,15,00,000/- was credited
in the said bank account and 8 NCRP complaints were found registered on
NCRP Portal (MHA). He submitted that upon analysis one more bank account
no. 259697989497 of Indusind Bank of LN Technologies (OPC) Private Limited
in the name of Karanam Lakshmi Narayana Santosh Kumar was found involved
wherein 6 NCRP complaints from across the country were found registered. He
submitted that the alleged bank account holder Karanam Lakshmi Narayana
Santosh Kumar has not joined the investigation despite notice under Section
35(3) BNSS. He submitted that during investigation applicant Thunga Raj
Kumar was served notice under Section 35(3) BNSS. He further submitted that
the alleged DBS and Indusind Bank accounts linked mobile numbers
9697989497 (SIM) was recovered from the applicant Thunga Raj Kumar. He
also submitted that the location chart of Mumbai, Raipur, Kolkata and Lucknow
of the applicant Thunga Raj Kumar’s phone no. 9704368006 matched with the
bank account linked phone number 9697989497 and the alleged bank account
Contd...5.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
holder Karanam Lakshmi Narayana Santosh Kumar phone number 9100257898.
He submitted that NBW of Karanam Lakshmi Narayana Santosh Kumar have
already been obtained from the court of Ld. CJM, Patiala House Courts, New
Delhi. He further submitted that on 03.03.2025 Rs. 14,68,436/- were transferred
from the account of the complainant to account no. 2402262757887303 of
Youkeen Private Limited, AU Small Finance Bank. He further submitted that
during investigation it was found that one Kapil Rambhau Patil and Arjun Singh
Avinash Patil were the directors of Youkeen Private Limited and six NCRP MHA
Portal complainants were found registered on the said bank account. He stated
that said Kapil Rambhau Patil joined the investigation. He submitted that as per
the interrogation report of Kapil Patil and technical evidence, it was found that
the said account 2402262757887303 of AU Small Finance Bank, Phaledi,
Mumbai was got accessed by the applicant Pushkar Chanderkant Pakhale by his
mobile no. 8805287777 internet at the time of fraud transactions. He further
submitted that the offence under Section 336(3) BNS is also attracted in the
present case. He also submitted that offence under Section 61(2) BNS regarding
criminal conspiracy has already been invoked against the accused persons as
they were operating as a gang in a racket and the role of accused persons cannot
be segregated at the stage of bail application. He thus submitted that keeping in
view the
modus operandi of cheating the complainant by digital arrest and
thereafter the role attributed to the applicant does not entitle them to be released
Contd...6.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
on bail. He also submitted that supplementary charge sheet is yet to be filed and
in the peculiar facts of the case, the applicants may also abscond or commit the
offence again, if admitted to bail.
7. This is a case of cyber fraud by digital arrest. As per the complaint of the
complainant Mr. Bali Ram Aggarwal, was duped/cheated to the tune of
Rs.48,59,308/- through online fraud incident through digital arrest
modus
operandi. As per the complaint, the complainant on 02.03.2025 at around 11.30
a.m. received a whatsapp call wherein one Mr. Deepak Sharma from TRAI
informed him that a case has been registered under PMLA at Colaba Police
Station, Mumbai for which those people would call him shortly and he had to
cooperate with them. After sometime he received a Whatsapp video call
purportedly from one SI Colaba Police Station, Mumbai asking if the
complainant had ever lost his Aadhar Card in Mumbai as some Mr. Naresh Goyal
had fraudulently opened an account in Canara Bank Mumbai using his Aadhar
Card and had deposited about Rs. 320 crores unaccounted money in the account
for money laundering business. He also gathered basic information including
about his fixed deposits, bank account, PPF, life insurance policy etc. and one
lady in the background also asked questions confirming his financial status. He
was not allowed to watch TV and even for sleeping, bathing, bringing grocery
etc., they had to take permission. They also tracked the complainant on his
mobile number under pretext of threat to his life from said Mr. Naresh Goyal.
Contd...7.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
After sometime one another number purporting to be of CBI Chief also joined
the call. The offenders also shared copy of some documents regarding writ
petitions, bail applications, undertaking etc. to gain his trust to be purportedly
produced before the court on the next day. The said documents were purportedly
having seal/stamp of Hon’ble Supreme Court, Notary, CBI etc. The whatsapp
video call continued entire day and night for about 20 hours keeping the
complainant under digital arrest. Next morning, the complainant again received
a whatsapp video call purportedly from Colaba Police Station and purportedly
from CBI Chief in which he was produced virtually purportedly before Hon’ble
Supreme Court Judge who eventually rejected his bail application and instructed
him to cooperate in the case on priority by disclosing his all liquid and fixed
assets and the amount in bank/PPF should be deposited under SSA Account
(Supreme Court Supervision Account) and that if nothing illegal is found then
the amount would be returned back. He was also asked to share complete details
about his FD, savings, PPF etc. in writing and screenshots of cheque book,
passbook etc. were obtained which the complainant gave. The complainant was
compelled to get his PPF withdrawal, broke his FD at ICICI Bank and
transferred the amount to the fraudsters account at AU Small Finance Bank.
Again on the next day, he received a call from purportedly CBI Chief who again
purportedly produced the complainant before Hon’ble Supreme Court wherein
his bail application was rejected and was instructed to deposit his entire fixed
deposit amount. The complainant broke all his FDs at Canara Bank and PNB
Contd...8.
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- 8 -
Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
Bank and transferred them total amount in their DBS Bank, Vishakhapatnam in
two transactions at 02.00 p.m and 04.00 p.m. During the entire three days, the
fraudsters kept tracking movement of both the complainant and his wife over
whatsapp phone and normal phone. The complainant was thus cheated to the
tune of Rs. 48,59,308/- through the
modus operandi of digital arrest.
8. As per the case of the prosecution on 03.03.2025, the complainant
transferred Rs. 14,68,436/- to Youkeen Private Limited account
2402262757887303 at AU Small Finance Bank, Phaledi, Mumbai. On
04.03.2025, the complainant transferred Rs. 28,20,436/- to LN Technologies
(OPC) Private Limited account no. 8787210000006972 of DBS Bank. On
04.03.2025, the complainant further transferred Rs. 5,70,436/- to LN
Technologies (OPC) Private Limited account no. 8787210000006972 i.e. total
Rs. 33,90,872/- were transferred to the said account no. 8787210000006972 of
DBS Bank. The said account number 8787210000006972 of DBS Bank is
registered in the name of LN Technologies (OPC) Private Limited, ownership in
the name of Karanam Lakshmi Narayana Santhosh Kumar, who has not joined
the investigation and NBWs against him have alredy been stated to be issued
from the court of Ld. Chief Judicial Magistrate, Patiala House Courts, New
Delhi. It is also the case of the prosecution that on 04.03.2025, an amount of
about Rs. 1,15,00,000/- was credited in the said bank account. One more
account no. 259697989497 of Indusind Bank of LN Technologies (OPC) Private
Contd...9.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
Limited company, ownership in the name of Karanam Lakshmi Narayana
Santhosh Kumar was found involved. During investigation, it was found that the
said DBS and Indusind Bank accounts linked mobile phone number 9697989497
(SIM) was recovered from the applicant Thunga Raj Kumar and the location
chart of Mumbai, Raipur, Kolkata and Lucknow of applicant Thunga Raj
Kumar’s phone number 9704368006 matched with the bank account linked
phone no. 9697989497 and alleged bank account holder Karanam Lakshmi
Narayana Santhosh Kumar phone no. 9100257898. Further, as per the case of
prosecution, as per technical evidence, the Youkeen Pvt. Ltd. account
2402262757887303 of AU Small Finance Bank, Phaledi, Mumbai was got
accessed by applicant Pushkar Chanderkant Pakhale from his mobile no.
8805287777 internet at the time of fraud transactions in March, 2025. It is
evident that the applicants were knowingly connected with the above said
respective bank accounts used for transfer of cheated amount. As discussed
above, the complainant was duped total to the tune of Rs. 48,59,308/- through
digital arrest
modus operandi and the Ld. Addl. PP for State has submitted that at
this stage of bail application, the roles of the accused persons cannot be
segregated and the offence of criminal conspiracy has also been invoked in this
case. It has also been stated that no recovery of cheated amount has been
effected so far in this case. Keeping in view the
modus operandi of cheating the
complainant through cyber fraud by digital arrest, gravity of the offence and as
the cheated amount of Rs. 48,59,308/- has so far not been recovered, there is
Contd...10.
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Bail Matter No.: 1856/2025 and 1631/2025
State Vs. Pushkar Chanderkant Pakhale and Raj Kumar Thunga
FIR No. 15/2025
PS : Cyber South West
U/s : 318(4)/319(2)/61(2)/3(5) BNS and 66(C)/66(D) IT Act
merits in the submissions of Ld. Addl. PP for State that the applicants may
misuse the liberty of bail by either absconding or by committing similar offence
again. Keeping in view the above said discussion, the applicant/accused persons,
namely, Raj Kumar Thunga and Pushkar Chanderkant Pakhale are not entitled to
be released on bail at this stage and their bail applications are dismissed
accordingly.
9. Nothing mentioned herein shall tantamount to an expression of opinion on
the merits of the case.
10.
Copy of this order be given dasti and be also sent to the concerned Jail
Superintendent for necessary information.
11. Copy of this order be placed in both the bail files. TCR be also sent back
along with copy of this order.
(Amit Bansal)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
24.11.2025
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