Final Order 4

Order Details: COPY OF ORDER
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1 BAIL MATTERS 1790/2026
STATE NCT OF DELHI VS. IMTIYAZ KHAN
FIR No. 12/2026
PS (CYBER NEW DELHI)
15.09.2026
Present: Sh. Ajay Kumar Aggarwal, Ld. Spl. PP for the State.
Sh. Ajeet Yadav, Sh. Madhav Mohan Gaur, Sh.Prabhash
and Sh. Mahir Arifi.
IO SI Sombir in person.
Complainant Rishi Kumar through VC.
Complainant has strongly opposed bail application filed
by the accused on the ground that he has not received the cheated
amount yet.
Arguments on bail application heard.
Put up for orders at 02:30 PM.
(Prabh Deep Kaur)
Roster Judge/ASJ (POCSO)-06,
NDD/PHC/New Delhi /15.09.2026
At 02:30 PM.
Present: Sh. Ajay Kumar Aggarwal, Ld. Spl. PP for the State.
Sh. Ajeet Yadav, Sh. Madhav Mohan Gaur, Sh.Prabhash
and Sh. Mahir Arifi.
Bail Order
1. This is an application on behalf of applicant/accused
namely Imtiyaz Khan s/o Sh. Khan Mohammad u/s 483 BNSS seeking
grant of regular bail.
2. Ld. Counsel for accused/applicant submitted that the
applicant was arrested on 27.05.2026 and has remained in continuous
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judicial custody since. It is further submitted that earlier bail application
before Ld. JMFC-02, Patiala House Courts was dismissed vide order
dated 22.07.2026. It is contended that the accused has been falsely
implicated in the present case. The allegations against the applicant are
yet to be proved by legally admissible evidence. It is submitted that the
applicant/accused has no criminal antecedents, the investigation against
him is complete and chargesheet has already been filed. There is no
allegation that the accused/applicant make any kind of fraudulent
inducement to the complainant. Moreover, the complainant neither
attributed any overt act to the accused/applicant nor alleged that
accused/applicant had ever contacted him, persuaded or represented
whatsoever to him. It is further contended that the accused/applicant is
not the beneficiary of any cheated amount. In addition the
applicant/accused has not been shown to the proprietor, account holder,
authorized signatory or operator of the alleged beneficiary bank
account. The applicant’s mobile phone already stands seized by
Investigating Agency.
3. Reply filed by the IO. Ld. PP for the State (subs.) has
opposed the bail application on the basis of the reply of the IO. It is
argued that the complainant was cheated/ duped of Rs. 15,32,509/- and
out of which Rs 1,50,000/- was transferred in Yes bank
(062163400004348) pertaining to Ramdev enterprise and link mobile
number of the alleged account (9672395970) pertaining to accused
/applicant which is yet to be recovered. He provided his linked mobile
number for the mule account and facilitated the siphoning of funds by
receiving and sharing OTPs on commission basis to co-accused
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persons. Linked mobile number 9672395970 of Yes Bank mule A/c No.
062163400004348 (Ramdev Enterprises) is registered in his name
(confirmed through SDR). The bail of the accused/applicant is strongly
opposed as co-accused is yet to be interrogated/ arrested to unearth the
whole conspiracy of this type of cyber-crime. He may further influence
the further leads in the case. To prevent the accused person from
causing the evidence of the offence nature to disappear or temper as all
the evidences are digital in nature. The cyber offences are very serious
in nature. It is causing people to lose their hard-earned money/life-long
savings. To prevent such person from making any inducement threat or
promise to any victim or whiteness and the case is at initial stage, for
property investigation of the case, to bust the whole syndicate and reach
the conclusion of the case.
4. Further, IO has filed account details in terms of order
dated 09.09.2026 and as per the bank details filed by IO, no document
related to accused/applicant is found to be filed or used with respect to
the bank account used during commission of the offence.
5. Arguments have been heard. Record has been perused.
6. Gist of the allegations are that an E-FIR No. 12/26 under
Sections 308/318(4)/319/340 BNS has been registered at PS Cyber/SW
Delhi on the complaintt of complainant Sh. Rishi Kumar Mishra
regarding an alleged online investment and financial fraud.
7. During the course of investigation, it was found that an
amount of Rs. 1,50,000/- out of the cheated amount had been
transferred to Yes Bank Account No. 062163400004348, pertaining to
Ramdev Enterprise, linked with mobile number 9672395970. The said
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mobile number was found active in Village Churimiyan, Tehsil
Laxmangarh, Sikar, Rajasthan. As per the SDR, the SIM card was
registered in the name of Imtiyaz Khan S/o Khan Md., R/o Village
Churimiyan, Sikar. The accused was located and after service of notice
under Section 35(3) BNSS, accused joined the investigation. However,
due to non-cooperation during interrogation, he was arrested. Further,
during interrogation, he disclosed that a person namely Sofil S/o Iliyas,
stated to be his childhood friend, used his mobile phone and that he had
provided OTPs to various persons in his village on several occasions,
although he claimed that he did not know the identities of all such
persons.
8. The applicant has been in custody since 27.05.2026. The
investigation has substantially progressed and the charge-sheet has
already been filed. The applicant's mobile phone has also been seized
by the Investigating Agency. There is no other NCRP complaint against
the accused/applicant nor accused/applicant has any previous
involvement in any other case of the similar nature.
9. It is noted that there is no specific allegation that the
applicant had directly contacted or induced the complainant or that he
personally received the entire cheated amount. The allegation against
the applicant primarily arises from the fact that the mobile number
linked with the alleged beneficiary/mule account was registered in his
name. The role attributed to him regarding sharing of OTPs and
facilitating transactions is a matter to be established during trial.
10. At this stage, without expressing any opinion on the
merits of the case, this Court is of the view that continued incarceration
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of the applicant is not warranted, particularly when the investigation has
substantially progressed and the charge-sheet has been filed. The
apprehension of the prosecution regarding tampering with evidence or
influencing witnesses can be addressed by imposing appropriate
conditions. Accordingly, the present bail application is allowed. The
applicant/accused Imtiyaz Khan S/o Sh. Khan Mohammad is admitted
to regular bail on furnishing a personal bond in the sum of Rs. 50,000/-
with one local surety of the like amount, subject to the satisfaction of
the learned Trial Court/Duty JMFC/Jail Superintendent. The applicant
shall comply with the following conditions:
1. He shall join the investigation as and when directed by the
Investigating Officer.
2. He shall not directly or indirectly contact, threaten, induce or
influence the complainant or any prosecution witness.
3. He shall not tamper with any evidence, including digital
evidence, relevant to the present case.
4. He shall not leave India without prior permission of the learned
Trial Court.
5. He shall furnish his current residential address and mobile
number to the Investigating Officer and shall keep the same
operational during the pendency of the trial.
6. He shall appear before the learned Trial Court on every date of
hearing unless exempted by a specific order.
7. He shall not involve himself in any offence of a similar nature
during the period of bail.
8. The applicant shall pay a sum of Rs. 50,000/- to the complainant
by way of DD on or before furnishing bail bonds.
11. It is clarified that the observations made herein are only for
deciding the present bail application and shall not be construed as an
expression of opinion on the merits of the case. Bail bonds be furnished
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and accepted subject to verification. Application stands disposed of
accordingly.
Copy of this order be given
dasti as prayed for.
(Prabh Deep Kaur)
Roster Judge/ASJ (POCSO)-06,
NDD/PHC/New Delhi /15.09.2026
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