$~117 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1936/2026 SHRI VIJAYRAJ NAI .....Petitioner Through: Mr. GL Soni, Mr. AR Regmie, Ms. Ishika Soni, Ms. Samridhi Bishnoi, Advocates. versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for State CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 19.05.2026 1. By way of the present application, the applicant seeks grant of anticipatory bail in case arising out of FIR bearing No. 292/2025, dated 27.11.2025, registered at Police Station Special Cell, Delhi, for the commission of offence punishable under Sections 112/61 of Bharatiya Nyaya Sanhita, 2023 (hereafter ‘BNS’). 2. Brief facts of the present case are that, on 26.11.2025, secret information was received to the effect that certain persons involved in a cyber-fraud racket were staying at Hotel Imperial Residency, Dwarka, New Delhi, and were clandestinely operating bank accounts for cyber-fraud activities. Acting upon the said information, the investigating officer proceeded to Hotel Imperial Residency, Dwarka, New Delhi. On reaching the hotel and acting upon the secret information, four persons were This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39 apprehended, who disclosed their identities as (i) Sultan Salim Sheikh, (ii) Sayed Ahmad Choudhary @ Pathan @ Shahid, (iii) Tushar Maliya, and (iv) Satish Kumar. The said persons were found staying in Room No. 105 of Hotel Imperial Residency, Dwarka, New Delhi. During enquiry, the aforesaid persons disclosed that they were engaged in arranging and providing bank accounts for cyber-fraud activities and had been residing at the said hotel in connivance with one Rocky. They further disclosed that they frequently changed their locations and moved from one place to another in order to evade arrest and avoid detection by law enforcement agencies. During investigation, it was revealed that accused Sultan had opened a current account in Axis Bank at the asking of one Dr. Abul Rehman, who had promised a 25% commission of the transaction which was to be carried out in the bank account which was opened by him (Sultan) as commission for using his bank account to commit cyber fraud. The accused Sultan was aware about the bank transactions carried out by the co-accused persons in his bank account through e-mail communication from his son, Tahir, the e- mail ID being tahirss143@gmail.com was found linked with the above bank account. The notification related to Axis Bank account Ltd., bank transactions were found in the mobile phone of co-accused Sultan Sheikh, who is a plumber by profession. Investigation revealed that the bank account statements of the above-said bank account in the Axis Bank Ltd. reveal that the bank account had been opened with an initial deposit of Rs. 25,421/-. The investigation reveals 10,423 bank transactions in the above-said bank account from 21st November, 2025 to 26th November, 2025 for a total amount of Rs. 5,24,22,773/-. Further, investigation reveal that the present accused along with the co-accused were members of organised cyber fraud This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39 gang and the above-said bank account was used for fraud led purposes. The NCRP web-portal also reveals that this bank account is involved in ten other cyber fraud complaints from different States in India. The co-accused Tushar was arrested on 27th November, 2025. The co-acused Suresh Kumar Kumawat was arrested on 30th November, 2025. The mobile phone of accused Suresh was found to contain incriminating whatsapp chats with co- accused persons, at his instance many bank related documents were recovered from his house. The accused Sureh Kumar Kumawat along with co-accused Mukesh Kumar and Tushar Sharma also procured some bank accounts of the labourers who worked with him as he is a labourer contractor by profession. Suresh Kumar Kumawat also provided bank accounts for commission of cyber fraud and for laundering the proceedings of cyber crime who the present co-accused Vijay Raj Nai @ Bijju. The accused Vijay Raj Nai, as per instructions of the IO concerned to the APP for the State was not traceable at the address known to the police in Rajasthan. The present case was also in contact with the co-accused persons through whats app chats. The I-phone seized from the co-accused Surek Kumar Kumawat disclosed incriminating whatsapp chats with the present accused Vijay Raj Nai wherein many crypto currency wallet addresses and transaction hashes were shared between them with currency notes typical of ‘Hawla transaction token’ . Request for KYC of suspected cryptocurrency wallet addresses were sent to concerned cryptocurrency exchanges, however, the replies are yet awaited. The mobile number registered in the name of the present accused Vikay Raj Nai was found issued against his own Aadhar Card which is found to be used for interaction with the co- accused and wherein incriminating whatsapp chats were exchanfged This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39 between the co-accused. 3. The learned counsel appearing on behalf of the applicant argues that the applicant has been falsely implicated in the present case and has clean criminal antecedents.It is contended that the name of the applicant is not mentioned in the FIR and his implication is based solely upon the alleged disclosure statement of co-accused Suresh Yadav, with no specific role attributed to him. Learned counsel further argues that there is no independent or corroborative evidence connecting the applicant with the alleged offence and no recovery has been effected from him. It is also contended that there is neither any CCTV footage nor any CDR linking the applicant with the other co-accused persons. Learned counsel further argues that the applicant maintains only one bank account and the statement thereof does not reflect any suspicious transaction indicative of involvement in the alleged fraud. It is also submitted that the applicant has duly joined the investigation on 16.01.2026 and 04.02.2026 and remains willing to cooperate with the investigating agency as and when required. Accordingly, it is prayed that the applicant be enlarged on bail. 4. Per contra, the learned APP for the State opposes the present application and argues that the present case pertains to an organised cyber fraud racket, involving multiple accused persons acting in coordination to commit cyber and financial frauds affecting innocent victims. It is contended that the investigation is still at a crucial stage and several digital devices, including mobile phones used for communication among the accused persons, are yet to be recovered. Learned APP further argues that despite being granted interim protection from arrest by this Court during the pendency of the present application, the applicant has not fully cooperated This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39 with the investigation and has failed to produce the mobile phones and digital devices allegedly used in the commission of the offence. It is submitted that custodial interrogation of the applicant is necessary for recovery of the electronic evidence and for unearthing the larger conspiracy involved in the case. Accordingly, it is prayed that the present application be dismissed. 5. This Court has heard arguments addressed by the learned counsel for the applicant and the learned APP for the state and perused the material available on record and the medical status report of the applicant. 6. In a nutshell, the facts of the present case prima-facie present an organized cyber fraud racket wherein several accused persons, including the present applicant, are alleged to have acted in coordination with each other for commission of cyber fraud and financial offences. The allegations, prima facie, disclose the existence of a larger conspiracy involving multiple accused persons operating through digital means and electronic communication. 7. This Court notes that the present case involves organised cyber fraud wherein large sum of money was transferred through the bank accounts of the accused persons including the present accused from the bank account of the victim on false assurances. The bank account details and other incriminating chats between him and the co-accused reveal that he had knowingly facilitated the use of the bank account of co-accused and had played an active role in the conspiracy involving cyber fraud in this case. Further, the mobile phone devices of the co-accused persons also disclosed incriminating evidence against the present accused. 8. This Court further notes that the investigation is presently at a crucial This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39 stage and several mobile phones and other digital devices allegedly used in the commission of the offence are yet to be recovered and subjected to forensic examination. 9. It is also pertinent to note that despite being granted interim protection from arrest to the applicant during the pendency of the present application, he has allegedly failed to cooperate fully with the investigating agency and has not produced his mobile phones, electronic devices, or the SIM card purportedly used by him during the relevant period. Such conduct, prima facie, reflects non-cooperation with the ongoing investigation. In the considered opinion of this Court, custodial interrogation of the applicant appears necessary not only for the recovery of the electronic devices and tracing of the money trail, but also for unearthing the larger conspiracy and identifying the involvement of other persons connected with the alleged cyber-fraud racket. 10. Accordingly, having regard to the nature and gravity of the allegations, the magnitude of the alleged cyber fraud involving substantial financial transactions and huge sums of money, the stage of investigation, the requirement of recovery and forensic examination of digital devices, and the lack of complete cooperation on the part of the applicant despite interim protection granted by this Court. The custodial interrogation of the applicant appears necessary for an effective and comprehensive investigation, including tracing the money trail and unearthing the larger conspiracy. Accordingly, this Court is not inclined to grant anticipatory bail to the applicant. 11. The present application is, accordingly, dismissed. 12. It is, however, clarified that nothing expressed herein above shall This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39 tantamount to an expression of opinion on merits of the case. 13. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 19, 2026/ns/vc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2026 at 11:05:39