Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 1867/2026
STATE OF DELHI Vs. ANIKET
FIR No. 12/2026
PS CYBER NEW DELHI
U/sec 318(4)/319/340 BNS
CNR No. DLND01-
05.08.2026
This is an application under section 483 BNSS for grant of regular
bail moved on behalf of accused/applicant Aniket.
Present: Sh. A. B. Asthana, Ld. Addl. PP for the State.
Sh. Umesh Kumar Choubey, Ld. Counsel for
accused/applicant.
IO SI Sombir is present through VC.
Reply to the application filed. Copy supplied.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he has
been falsely implicated in this case and he is in JC since 08.05.2026.
It is further argued that investigation against accused/applicant has
already been completed and all the documentary evidence, bank
records, mobile phone and digital evidence have already been seized
by the investigating agency. It is further argued that charge sheet has
already been filed and no useful purpose will be served in keeping
accused/applicant in custody. Hence, it is prayed that
accused/applicant be released on bail as he is ready to abide with
any condition imposed by the court.
FIR No. 12/2026
	PS Cyber South West Delhi
	State Vs. Aniket
1/5
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ARGUMENTS ON BEHALF OF STATE
2. On the other hand, Ld. Addl. PP for the State has
vehemently opposed the bail application stating that as per reply
filed by IO, present case was registered on the complaint of Rishi
Kumar Mishra wherein he alleged that he has been cheated to the
tune of Rs. 15,32,509/- on online financial fraud. During
investigation it is found that out of total cheating amount Rs
2,25,000/- was transferred to Yes Bank A/c No.-142427000000272
M/S Nexura Weartech Private Ltd. Kh No.-42, Block-15, Mohan
Garden Uttam Nagar West-110059 pertaining to Aniket S/o Rajkisor
Saxena R/o E-2/171 Gali No.-02, Shasti Nagar, Delhi and Shankar
Nath.
2.1 A raid was conducted at Shastri Nagar, Delhi to
interrogate/arrest Aniket S/o Rajkisor Saxena R/o E-2/171 Gali
No.-02, Shasti Nagar, Delhi and he was located and notice 35(3)
BNSS was served to him to join the investigation at PS Cyber/Sw at
the same time as he is a highly suspicious person and if provided
time, he might destroy all the digital evidences and even inform the
co-accused. After that, he was interrogated at length about his
involvement in the present case but he didn't cooperate in the
investigation of the case. When asked specifically about the alleged
mobile phone he did not give any satisfactory answer. When asked
about the mule accounts used by them to obtain the cheated amount,
he didn't give any answer. The alleged/suspect Aniket was not
cooperating with the investigation of the case and he was
intentionally hiding the facts of the case and misleading the
FIR No. 12/2026
	PS Cyber South West Delhi
	State Vs. Aniket
2/5
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investigation. He didn't provide any satisfactory answer to the
alleged numbers used to access the website and available with him.
He is hiding the information and intentionally trying to hamper the
investigation of the case. He breached the terms/conditions of the
notice. Further, custodial interrogation of the accused is required to
unearth the complete modus operandi and recover the case property
i.e. cheated amount/other gadgets used in the commission of crime
& to arrest the co-accused. During interrogation he disclosed that he
sold his bank account(Yes Bank, Bandhan Bank) to a person namely
Krishna whom he contacted through his friend Ankur. He further
disclosed that he along with joint account holder Sankar Nath and
Ajay (who works for Ankur) went to Patna, Bihar to operate the
account. After having sufficient ground of arrest, accused/applicant
was arrested.
2.2 It is further submitted that allegations against
accused/applicant are serious in nature. There is every likelihood
that he may commit further offence, if released on bail.
3. Submissions heard. Record perused.
FINDINGS/CONCLUSION
4.1 Allegations against accused/applicant are serious in
nature. Complainant was cheated to the tune of Rs. 15,32,509/- out
of which Rs. 2,25,000/- was credited in the bank account of
accused/applicant which is yet to be recovered. Total 14 NCRP
FIR No. 12/2026
	PS Cyber South West Delhi
	State Vs. Aniket
3/5
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complaint are found registered against the said account and Rs. 1
crores 63 lakhs was credited within two months.
In Soukin Vs. The NCT State New Delhi Bail Application No.
177/2024, Hon’ble High Court of Delhi held that all the cyber
offences are grave and serious in nature. They not only undermine
the individual dignity but also pose a serious challenge to the law
enforcement due to its clandestine and cross-jurisdictional nature.
4.2 Considering the fact that Cyber frauds are increasing
day by day and the manner in which offence has been committed, it
is apparent that accused is a part of group of persons committing
Cyber frauds.
4.3 Granting bail is a discretion which is to be exercised by
the Court as per facts and circumstance of each case. In Mansab Ali
Vs. Irsan and Anr. 2003 SC 707, it has been held by Hon’ble
Supreme Court that since the jurisdiction is discretionary, it is
required to be exercised with great care and caution by balancing
valuable right of liberty of an individual and the interest of the
society in general.
4.4 Considering the gravity of offence and conduct of
accused/applicant, there is every possibility that accused/applicant
may commit further offence of similar nature, if released on bail.
Hence, I do not find any reason to exercise discretion in his favour.
4.5 In view of the above facts and circumstances of the
case, I am of the considered view that no ground is made out for
grant of bail to accused/applicant Aniket. Therefore, the application
moved on behalf of the accused/applicant Aniket stands dismissed.
FIR No. 12/2026
	PS Cyber South West Delhi
	State Vs. Aniket
4/5
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Nothing in this order shall tantamount to an expression
of opinion on the merits of the case during trial.
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-05/PHC/New Delhi
05.08.2026
FIR No. 12/2026
	PS Cyber South West Delhi
	State Vs. Aniket
5/5
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