Final Order 2

Order Details: COPY OF ORDER
Pdf Text: 9 BAIL MATTERS / 236/2026 SHIVAM KANPAN Vs. STATE
95/2026 (Cyber Police Station)
11.06.2026
Present: Sh. Ratnesh Kumar Gupta, Ld. Addl. PP for the
State.
Sh. SD Sha, Ld. Counsel for accused/applicant.
Reply to the bail application has already been filed by
the IO. Copy has been supplied.
Arguments have already been heard. Record perused.
Put up for order at 03:00 PM.
(Tanya Bamniyal)
CJM/North-East/KKD Courts/Delhi
11.06.2026
At 03:00 PM
Present: Sh. Ratnesh Kumar Gupta, Ld. Addl. PP for the
State.
None for accused/applicant.
1. Vide this order, this court shall dispose of the regular
bail application filed on behalf of accused Shivam Kanpan.
2. Notice of the application was given to the State. Reply
has been filed by the Investigating Officer opposing the grant of
bail.
3. It is submitted on behalf of the accused that he has
been falsely implicated in the present case, that he has joined the
investigation whenever called upon to do so and that no useful
purpose would be served by keeping him in judicial custody. It is
further submitted that the accused is willing to abide by any
condition that may be imposed by the Court.
Contd....1/4
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4. Per contra, Ld. APP for the State has opposed the bail
application and submitted that the investigation has revealed the
active involvement of the accused in the commission of the alleged
cyber fraud. It is submitted that the cheated amount was transferred
into a bank account arranged and facilitated by the accused and that
the ATM card and linked mobile phone connected with the said
account were in his possession. It is further submitted that technical
evidence has established his contact with co-accused persons and
his participation in handing over the ATM card used for withdrawal
of the cheated amount. It is argued that the accused had initially
furnished false and misleading information during investigation
and did not disclose the true facts when confronted with the
material collected by the Investigating Agency. It is also submitted
that investigation regarding the larger conspiracy, involvement of
other persons, digital evidence and money trail is still underway
and, therefore, release of the accused at this stage may adversely
affect the ongoing investigation.
5. I have heard the submissions and perused the record.
6. The allegations in the present case pertain to a cyber
fraud involving an amount of Rs. 10,52,938/-. The material placed
before the Court at this stage prima facie indicates that a part of the
cheated amount was transferred into a bank account allegedly
facilitated by the accused and that withdrawals from the said
account were made through ATM transactions. The prosecution has
further placed reliance upon the statements recorded during
investigation as well as technical evidence showing contact
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between the accused and the co-accused persons. The investigation
is stated to have revealed that the accused had possession and
control of the ATM card and linked mobile phone connected with
the account through which the cheated amount was routed.
7. At the present stage, the investigation is admittedly
not complete. The Investigating Agency is still examining the
larger conspiracy, money trail, digital evidence and the
involvement of other persons. The allegations relate to an
organised cyber crime where the modus operandi, flow of funds
and identities of all participants are yet to be fully unearthed. In
such offences, custodial investigation assumes significance for
tracing the proceeds of crime and identifying the complete chain of
participants.
8. The contention of the prosecution that the accused had
not disclosed correct facts during investigation and had allegedly
furnished misleading information also cannot be ignored at this
stage. Considering the nature of allegations, the material collected
so far and the fact that the investigation is still in progress, this
Court is of the view that release of the accused at this stage may
prejudice the ongoing investigation and may provide an
opportunity to influence witnesses or interfere with the collection
of evidence.
9. Without expressing any opinion on the merits of the
case, this Court is not inclined to grant bail to the accused at this
stage. Accordingly, the bail application moved on behalf of
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accused Shivam Kanpan stands dismissed.
Nothing stated herein shall tantamount to an
expression on the merits of the case.
Copy of this order be given
dasti to Ld. Counsel for
accused/applicant and IO, as prayed for.
(Tanya Bamniyal)
CJM/North-East/KKD Courts/Delhi
11.06.2026
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