Final Order 9

Order Details: COPY OF ORDER
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Bail Application No. 1899/2025; FIR No. 17/2024
State Vs. Ashish Shishir
Bail Application No. 1899/2025
State Vs. Ashish Shishir
FIR No. 17/2024
U/S: 419/420/384/170/120B/174A IPC
P.S.: Cyber Cell, New Delhi
13.12.2025
Present: Sh. Mukul Kumar, Ld. Addl. PP for State.
Sh. Ayush Kaushik, Sh. Sahil Dhingra and Sh. Laxman Sharma,
Ld. Counsel for applicant/accused (NP).
IO Inspector Pramod Kumar (NP).
1. The present application has been filed by the applicant/accused, Ashish
Shishir Chandra, under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, seeking the grant of regular bail in connection
with FIR No. 17/2024 dated 22.05.2024, registered at P.S. Cyber Police
Station, Delhi, under Sections 419, 420, 384, and 120B of the Indian
Penal Code (IPC). The applicant has been in judicial custody since
09.10.2025.
2. Reply to the bail application already filed by the IO. Arguments already
heard. Today, the application is listed for orders.
3. Briefly stated, the facts of the case as per the reply are that the
complainant, Ms. Sameeksha Jain, alleged she was defrauded of Rs.
62,32,000/- by unknown individuals who impersonated officials from the
Telecom Regulatory Authority of India (TRAI) and police officers. The
fraudsters, through a WhatsApp video call, induced her to transfer the
amount to specified bank accounts under the pretext of safeguarding her
funds in a matter purportedly linked to national security and money
laundering. The transfers were made to accounts in the names of Vijay
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Bail Application No. 1899/2025; FIR No. 17/2024
State Vs. Ashish Shishir
Medical General Store (RBL Bank) and Neelavan Innovation Pvt. Ltd.
(SBI). The investigation revealed an organized syndicate involved in
creating fake companies and bank accounts, with international links
traced to Cambodia. A raid was conducted at office premises at G-4,
B-79, VDS Sector 63, Noida, Uttar Pradesh, where electronic gadgets
were recovered. The rent agreement for these premises was executed in
the name of the applicant's company, M/s Elionna Overseas Pvt. Ltd., and
the applicant is alleged to have operated the office jointly with co-
accused Mohit Jain and Keshav Kumar.
4. Learned counsel for the applicant argued that the applicant is not named
in the FIR and has been falsely implicated solely on the basis of the rent
agreement for the office premises. It was submitted that no incriminating
material or evidence links the applicant to the commission of the offences
or to the co-accused, except for sub-letting a portion of the office space to
Mohit Jain without any commercial or monetary association. The counsel
emphasized that the applicant fully cooperated with the investigation,
appearing before the Investigating Officer as required under Section 41A
Cr.P.C. (now corresponding provisions under BNSS). Further, no money
trail leads to the applicant's personal bank accounts, and the seized funds
are not connected to him. The Investigating Officer has already recovered
all relevant digital evidence, rendering further custody unnecessary, as
there is no risk of tampering. Reliance was placed on annexed orders
granting bail to co-accused persons, including Vaniket Sharma (order
dated 11.06.2024 by this Court), Vansh Aggarwal (order dated
03.08.2024 by this Court), and Keshav Kumar (order dated 03.02.2025 by
Ld. ASJ-04), urging parity. It was also noted that proceedings under
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Bail Application No. 1899/2025; FIR No. 17/2024
State Vs. Ashish Shishir
Section 82 Cr.P.C. were initiated, but the applicant subsequently
surrendered on 09.10.2025. The bail application before the Ld. Chief
Judicial Magistrate was dismissed on 16.10.2025, and an application for
cancellation of Section 82 Cr.P.C. proceedings was dismissed on
09.10.2025.
5. Per contra, the learned Additional Public Prosecutor (APP) for the State,
assisted by the Investigating Officer Inspector Pramod Kumar, opposed
the application vehemently. It was contended that the applicant was part
of a syndicate led by Mohit Jain, involving the creation of fake
companies and 63 bank accounts used for cyber fraud. The office raided
was rented in the applicant's name on 06.11.2023 for M/s Elionna
Overseas Pvt. Ltd., a company directed by the applicant since its
registration on 19.02.2021, with no balance sheets filed after 31.03.2021,
suggesting it was a front for illicit activities. Call Detail Records (CDRs)
show regular contact between the applicant, Keshav Kumar, and
absconding accused Mohit Jain. The applicant failed to comply fully with
Section 41A Cr.P.C. notice, was non-cooperative during investigation
(including deleting data from mobile phones), and was declared an
absconder on 27.09.2024. His anticipatory bail applications were
dismissed by the Ld. Additional Sessions Judge on 27.09.2024, by the
Hon'ble Delhi High Court on 18.07.2024, and by the Hon'ble Supreme
Court on 03.12.2024. Ld. Addl. PP highlighted the gravity of the offence,
international nexus, risk of tampering with evidence, influencing
witnesses, and the organized nature of the crime, submitting that bail
should not be granted.
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Bail Application No. 1899/2025; FIR No. 17/2024
State Vs. Ashish Shishir
6. I have heard the learned counsel for the applicant and the learned Addl.
PP for the State at length. The record has been perused carefully.
7. At the outset, it is noted that the applicant was declared a proclaimed
offender/absconder under Section 82 Cr.P.C. on 27.09.2024 due to non-
appearance despite notices. However, the applicant subsequently
surrendered before the court on 09.10.2025, leading to his arrest and
remand to judicial custody. While this conduct raises concerns regarding
evasion of the investigative process, it is also pertinent that the applicant
voluntarily surrendered, which mitigates the severity to some extent.
Nonetheless, this history necessitates the imposition of strict conditions to
ensure compliance with the law and prevent any interference in the trial.
8. On the merits, the primary ground urged by the applicant is parity with
co-accused persons who have been granted bail. The annexed orders
reveal that co-accused Vaniket Sharma was granted bail by Ld. CJM on
11.06.2024, Vansh Aggarwal on 03.08.2024 by Ld. CJM, and Keshav
Kumar on 03.02.2025 by Ld. ASJ-04. Keshav Kumar, in particular, is
alleged to have a similar role as the applicant, involving joint operation of
the office premises and association with Mohit Jain in the syndicate. The
principle of parity in bail matters is well-established, as held by the
Hon'ble Supreme Court in various judgments, including those
emphasizing that similarly situated accused should not be treated
differently without compelling reasons. In the present case, the State has
not demonstrated any material distinction in the role attributed to the
applicant vis-à-vis these co-accused, beyond the fact of the rent
agreement being in his name. No direct evidence of the applicant's
involvement in the fraud, such as handling of defrauded funds or
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Bail Application No. 1899/2025; FIR No. 17/2024
State Vs. Ashish Shishir
communication with the complainant, has been prima facie established at
this stage. The investigation is complete, charge sheet has been filed, and
all evidence is documentary/digital in nature, reducing the risk of
tampering. Prolonged pre-trial detention is not warranted where the trial
is likely to take time, and the maximum punishment under the charged
sections, while serious, does not preclude bail on parity grounds.
9. That said, the seriousness of the allegations, involving cyber fraud with
an international dimension and potential organized crime, cannot be
overlooked. The applicant's prior non-cooperation, including deletion of
data and evasion leading to absconder status, warrants safeguards. Bail is
granted not as a matter of right but discretion, balanced against the
interests of justice.
10.In view of the foregoing, the application is allowed. The
applicant/accused Ashish Shishir Chandra is admitted to bail subject to
the following conditions:
(a) The applicant shall furnish a personal bond and surety bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of
like amount subject to the satisfaction of Ld. Trial Court/Ld. Duty
MM.
(b) The applicant shall furnish to the Investigating Officer/ S.H.O, a
cell phone number on which the applicant may be contacted at any
time and shall ensure that the number is kept active and switched-
on at all times;
(c) The applicant shall not tamper with evidence nor otherwise indulge
in any act or omission that is unlawful or that would prejudice the
proceedings in the pending matter;
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Bail Application No. 1899/2025; FIR No. 17/2024
State Vs. Ashish Shishir
(d) The applicant/accused will not leave the country without prior
permission of the court and will surrender his passport with the
court concerned.
11.Copy of this order be given dasti to Ld. Counsel for applicants/accused
person and in compliance of Sanjay Singh Vs. State (Govt. of NCT of
Delhi), Writ Petition Criminal no. 974/22, copy of this order be also sent
to the concerned Jail Superintendent to convey the order to the inmate.
12. The sureties shall be verified by the Investigating Officer for solvency
and identity.
13.The application stands disposed of accordingly.
(Saurabh Partap Singh Laler)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
13.12.2025
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