Final Order 1

Order Details: COPY OF ORDER
Pdf Text: BAIL APPLICATION NO. 2144/2025
STATE OF DELHI VS ASHU
FIR NO. 17/2025
PS CYBER CELL-WEST
06.12.2025
Present : Sh. Irfan, Ld. Addl. For the State.
Sh. Amit Lamba, Sh. Jatin Yadav, Ld. Counsels for the
accused.
IO present.
ORDER
1. This is the bail application filed on behalf of the
applicant/accused, Ashu, u/s 483 of BNSS seeking release on
bail in the above-noted case.
2. Briefly stated, the applicant / accused has no previous
involvement in any of the criminal offence except his false
implication in present FIR. The first bail application u/s 480 of
BNSS, 2023 was dismissed vide order dated 21.11.2025 passed
by Ld. JMFC, Patiala House Courts. The applicant / accused
was apprehended by the police officials on the grounds that
amount of Rs.1,33,551/- out of the total cheated amount was
traced in the bank acount of the applicant / accused. The father
of the applicant / accused namely Sh. Om Prakash has already
returned the amount of Rs.1,33,551/- to the complainant. An
MoU has already been executed between the father of the
accused and the complainant.
3. It is further submitted that as nothing is to be recovered from
the present applicant / accused or at his instance. Reference is
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also made to case titled as
‘Anwar Ali Vs. State of
Chhattisgarh (2008) 16 SCC 501’.
4. The Investigating Officer (IO) has filed a reply opposing the
grant of bail, submitting that accused is a part of larger
conspiracy and he had given his account to fraudster and got it
misused for receiving the cheated amount. If he is released on
bail, he will alert co-accused. Further, accused has got some
other bank accounts opened in different banks and gave to his
co-accused for receiving fraudulent money.
5. The learned Additional Public Prosecutor for the State has
vehemently opposed the bail, contending that the investigation
has revealed a well-orchestrated fraud syndicate, with the
applicant/accused playing a pivotal role in siphoning cheated
funds.
6. I have perused the case file, including the FIR, the IO's reply,
and the arguments advanced by both sides. The material on
record, including transactional records and communications,
prima facie indicates the applicant's complicity in the offence.
7. Having regard to the totality of circumstances, including the
stage of the case, the nature of evidence, the petitioner's
antecedents, and the fact of MoU signed between the father of
the applicant / accused and the complainant, this Court is
satisfied that the applicant / accused is entitled to bail.
Continued detention would not serve the ends of justice and
may adversely impact his right to a fair trial preparation.
8. Accordingly, the bail application is allowed. The applicant /
accused Ashu is directed to be released on bail upon furnishing
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a personal bond in the sum of Rs. 15,000/- (Rupees Fifteen
Thousand only) with one surety in the like amount, to the
satisfaction of the Learned Trial Court / Duty Magistrate.
9. The release shall be subject to the following conditions:
a. The petitioner shall not tamper with evidence or
influence any witnesses, directly or indirectly.
b. The petitioner shall appear before the Investigating
Officer as and when required for any further
investigation and shall appear before Ld. Trial Court
without fail.
c. The petitioner shall cooperate fully in the expeditious
trial of the case.
d. The petitioner shall not indulge in any similar criminal
activity or commit any offense while on bail.
e. In the event of violation of any condition, the bail shall
be liable to cancellation.
10.A copy of this order be sent to the concerned Jail
Superintendent for necessary compliance. The application
stands disposed of.
(Saurabh Partap Singh Laler)
ASJ-05, New Delhi District.
Patiala House Courts,
New Delhi.
16.12.2025
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