Final Order 3

Order Details: COPY OF ORDER
Pdf Text: : 1 :
Bail Matter No. 1929/2025 and 1930/2025
State Vs. Abhishek Jaiswal and Rakesh Bodhak
FIR No. 53/2025
PS : Cyber Cell South West
U/s : 318(4)/61(2) BNS
07.11.2025
Two separate applications u/s 483 BNSS filed on behalf of
applicants/accused persons Abhishek Jaiswal and Rakesh Bodhak
for grant of regular bail are taken up together on the joint request
of both the parties as they are arising out of the same FIR and
both the applications shall be disposed of by this common order.
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
SI Sombir, IO of the case in person.
Sh. S.P.M. Tripathi and Sh. Ashish Tiwary, Ld.
counsels for both applicants/accused persons.
Separate bail replies have already been filed.
Arguments heard and record perused.
1. The case of the prosecution is that the present case
was registered on the complaint of one Mr. Cyril A wherein it was
mentioned that a online fraud was committed against him
between 30.06.2025 and 04.07.2025 through Whatsapp calls,
messages and voice notes etc by individuals impersonating as
representatives of a professional dating or match making service.
As per the case of the prosecution, the total cheated amount is
Rs.2,59,000/-.
2. The Ld. Addl. PP for State has submitted that due to
social stigma only one person i.e. the complainant has filed the
complaint. He has further submitted that the calling number
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through which the present complainant was called for cyber fraud
was recovered from the applicant/accused Abhishek Jaiswal and
the whatsapp chats between the applicant/accused Rakesh
Bodhak and other unknown accused clearly establish their roles
in cyber fraud.
3. Ld. counsel for applicants/accused persons has
submitted that the applicants are in custody in the present case
since 11.09.2025 and the cheated amount has already been
returned back to the complainant/victim. He has further submitted
that the applicants are just employees and have been falsely
implicated in the present case.
4. The IO who is present in the court upon enquiry has
submitted that only one complaint has been received so far in this
case that of Sh. Cyril A regarding cyber fraud of Rs.2.59 lacs and
the said amount has already been returned /repaid to the said
complainant/victim. The IO upon enquiry has further submitted
that both the applicants are not required for any further
investigation and no further recovery has to be effected from
them. He has further submitted that charge-sheet would be filed
in a short time.
5. The present case is a case of cyber fraud on the
pretext of match making platform. It is an admitted position that
so far only one complaint has been received and the cheated
amount of Rs.2,59,000/- has already been returned/repaid to the
said complainant/victim. It is further an admitted position that
both the applicants are in custody in this case since 11.09.2025,
no further recovery has to be effected from them and they are not
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Bail Matter No. 1929/2025 and 1930/2025
State Vs. Abhishek Jaiswal and Rakesh Bodhak
FIR No. 53/2025
PS : Cyber Cell South West
U/s : 318(4)/61(2) BNS
required for any further investigation. Keeping in view the
totality of the abovesaid facts and period of custody, no fruitful
purpose would be served by keeping the applicants/accused
persons in further custody. Both the above applicants/accused
persons, namely, Abhishek Jaiswal and Rakesh Bodhak are thus
admitted to bail on their furnishing Personal Bond in the sum of
Rs.50,000/- each with one surety each of the like amount subject
to the satisfaction of Ld. Trial Court/Ld. Duty JMFC and subject
to the following conditions :-
a) The applicants/accused persons shall cooperate in
the investigation and shall join the investigation as and when
required by IO / SHO concerned.
b) The applicants/accused persons shall not commit any
similar offence while on bail.
c) The applicants/accused persons shall not make any
inducement, threat or promise to any witness or person
acquainted with the facts of the present case and shall not try to
tamper with any evidence.
d) The applicants/accused persons shall not misuse the
liberty of bail in any manner and shall not flee from justice.
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e) The applicants/accused persons shall surrender their
respective Passports, if any, with the ld. Trial Court at the time of
furnishing bail bonds and shall not leave India without the prior
permission of the ld. Trial Court.
6. The observations as made in this order are only for
the disposal of the present bail application and these shall not be
any reflection on the merits of the case.
7. The said bail applications are disposed of
accordingly.
8. Copy of this order be given dasti and be also sent to
the concerned Jail Superintendent for necessary information.
9. Signed copy of this order be placed in both the above
files.
(Amit Bansal)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
07.11.2025
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