Final Order 2

Order Details: COPY OF ORDER
Pdf Text: : 1 :
Bail Matter No. 2026/2025 and 2027/2025
State Vs. 1. Kishan Chouhan, 2. Gunjan Sain
FIR No. 65/2025
PS : Cyber South West
U/s : 318(4) BNS
15.11.2025
These two applications u/s 483 BNSS filed on behalf of applicants/accused
persons Kishan Chouhan and Gunjan Sain for grant of regular bail are taken up
together on the joint request 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 Vishal Yadav, IO of the case in person.
Sh. Sandeep Verma, Ld. counsel for both applicants/accused
persons.
Complainant/Victim Smt. Sushila is also present with her husband,
who has been identified by the IO SI Vishal Yadav.
Separate reply to the applications filed. Copy supplied.
Heard.
At the very outset, ld. Counsel for the applicants/accused persons
has submitted that as per the case of the prosecution, out of the total cheated
amount, Rs. 1,00,000/- was credited into the account of AU Bank account
No.2501216865358661 which was registered in the name of applicant/accused
Kishan Chouhan and on the same day, he withdrew the money through cheque
and handed over Rs.2,40,000/- including the abovesaid Rs.1,00,000/- of the
present case to applicant/accused Gunjan who in return gave him Rs.15,000/-
as commission, applicant/accused Gunjan Sain was asked by one Shakti Singh
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to supply the account for good commission, he contacted Kishan Chouhan who
agreed to provide account and thereafter, he obtained the details of abovesaid
bank account of accused Kishan Chouhan and forwarded it to Shakti Singh.
The accused Gunjan Sain got commission of Rs.20,000/-. Ld. Counsel for
applicants/accused persons has submitted that the applicants are willing to pay
the said part cheated amount of Rs. 1,00,000/- to the complainant today in the
court. At this stage, Ld. Counsel for the applicants has handed over two
demand drafts of Rs.50,000/- each to the complainant/victim on behalf of
applicants/accused persons.
The complainant has submitted that she has received the abovesaid
two demand drafts today from the side of the applicants/accused persons
and she has no objection if both the above applicants are admitted to bail.
Separate statement of the complainant/victim has also been recorded in that
regard.
Copy of the said demand drafts with the endorsement of receiving
of the complainant/victim has also been placed on record.
The brief facts of the case are that a complaint was lodged on
NCRP Portal by the complainant Ms. Sushila regarding online investment
fraud of Rs. 10 Lakhs. It is the case of the prosecution that out of the cheated
amount of Rs. 10 Lakhs, a sum of Rs. One Lakh was transferred from the
complainant’s husband account to AU Bank Account No. 2501216865358661
which is registered in the name of applicant/accused Kishan Chouhan. During
investigation, it was further found that on 04.08.2025, applicant/accused
Kishan Chouhan withdrew the money through cheque and handed over
Rs.2,40,000/- including abovesaid Rs.1,00,000/- of the present case to
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Bail Matter No. 2026/2025 and 2027/2025
State Vs. 1. Kishan Chouhan, 2. Gunjan Sain
FIR No. 65/2025
PS : Cyber South West
U/s : 318(4) BNS
applicant Gunjan. During investigation, both the applicants/accused persons
were arrested after due interrogation.
The applicants are stated to be in custody since 13.10.2025 and it
seems that the applicants are not required for further investigation. As
mentioned above, the applicants/accused persons have also paid the above said
part cheated amount of Rs.One lakh to the complainant/victim, who has given
her no objection for granting of the bail to the applicants/accused persons.
Keeping in view the abovesaid totality of facts and circumstances
of the case, no fruitful purpose would be served by keeping the applicants in
further custody. The applicants/accused persons, namely, Kishan Chouhan and
Gunjan Sain are thus admitted to bail on their furnishing Personal Bond in the
sum of Rs.30,000/- each with one surety each of the like amount to the
satisfaction of the Ld. Trial Court/Duty JMFC 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 not leave India without the
prior permission of the ld. Trial Court.
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.
The present bail applications are disposed of accordingly.
Copy of this order be given dasti and be also sent to the concerned
Jail Superintendent(s) for necessary information.
Copy of this order be placed in both the files.
(Amit Bansal)
Roster Judge, ASJ-02
NDD/PHC/New Delhi
15.11.2025
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