In a bail application filed before the Delhi High Court seeking regular bail regarding a First Information Report (FIR) filed for offences under Sections 308/318(4)/319 of the Bharatiya Nyaya Sanhita, 2023 (BNS), a Single Judge Bench of Justice Girish Kathpalia denied bail to the applicant based on the nature of cyber fraud and the expanse of the digital arrest in similar cases while dismissing the applications.
The case of the prosecution was that the applicant, along with two co-accused persons, committed cyber fraud by carrying out a digital arrest of the complainant, who was an elderly lady.
On 30-11-2025, the complainant received a phone call in which the caller introduced herself as an inspector from Delhi Police Headquarters and told her that her husband was involved in terrorist activities for which a case had been registered against them. Thereafter, the phone call was transferred to another person who introduced himself as a senior inspector, and he directed the complainant to appear before him with her husband.
Upon being apprised of their old age and medical ailments, they were directed to contact ATS, Pune, and were later called by another inspector, who connected them with the Chief of ATS. The complainant and her husband were threatened by all of them that a case had been registered against them in Jammu & Kashmir for terrorist activities, and were instructed to stay at home while giving an hourly report to the Chief.
On 01-12-2025, after ascertaining all assets of the complainant and her husband, including his retirement benefits, the couple was directed to transfer various amounts through RTGS. A total of Rs. 94,50,000/- was transferred by them out of fear of being implicated in a terrorism-related case.
The applicant accepted that Rs. 40,00,000/- was credited to her bank account, but asserted that the co-accused persons had contacted her with an assurance to invest in her company and, on that pretext, took her bank details and SIM card, which were subsequently misused by them. This was rebutted by contending that the applicant had retained Rs. 33,00,000/- and transferred the remaining amounts to 20 bank accounts on the same day. It was also submitted that the applicant received Rs. 7,00,00,000/- into her bank account from different persons on the same day, and that 11 complaints were lodged against her.
Regarding the bank transactions, the Court found that the explanations for the influx of such enormous amounts were not believable and that the Trial Court must take an independent view. Further, considering the nature of cyber fraud and the fact that the same kind of digital arrest was alleged in 11 other cases, the Court did not find it fit to grant bail in the present matter. Thus, the application was dismissed.
Appearances:
For Applicant – Mr. Ankit Gupta, Mr. Utkarsh Tiwari, Mr. Akash Gupta, Mr. Alok Kumar
For Respondent – Mr. Amit Ahlawat (APP)
