BAIL APPLN. 4852/2025 1 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4852/2025 & CRL.M.A. 37336/2025 RAHUL KUMAR NISHAD .....Petitioner Through: Mr. Sudhakar Dwivedi, Mr. Uday Prakash Yadav and Mr. Uma Pandey, Advocates versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Sunil Kumar Gautam, APP for State Ms. Geeta Oberoi, Legal Aid Counsel for complainant along with complainant-in-person CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 11.03.2026 1. Applicant seeks anticipatory bail in case FIR No. 480/2024 under Sections 318/319/61 Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 420/416/419/120B IPC) registered at P.S. Special Cell on 16.10.2024. 2. The facts, in brief, are that complainant-Mahinder Kumar Hans, who is in his sixties, reported about online-financial fraud amounting to Rs. 6,38,71,010/-. He revealed that on 13.08.2024 he had been added to a WhatsApp group by one Ms. Ishani Mehta, who had introduced herself as an assistant of RBL securities. Subsequently, on 27.08.2024, he was added to another group and a link to a ‘trading application’ was shared with him. On 11.09.2024, the complainant was added to yet another group and the accused 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 17/03/2026 at 10:50:16 BAIL APPLN. 4852/2025 2 persons induced him to invest money through their platform on the pretext of high returns. It was in the abovesaid manner that he was duped of the abovesaid amount 3. The abovesaid amount, on the inducement of the accused, had been transferred to multiple bank accounts. 4. Part of the cheated money i.e. a sum of Rs. 31 lakhs, was transferred in the account of M/s Anant Battery Enterprises’, maintained at Bank of Maharashtra, Lucknow. 5. KYC and other details of such account were sought from the Bank and it was found that the authorized signatory of said account was one Prateek S/o Sanjay Singh. However, when attempt was made to contact him, no such person or firm was found. Thereafter, notice was issued to Google Inc. to provide IP logs of the registered email ID of the firm. Notice was also issued to Airtel to provide the user details of relevant IP logs. On the strength thereof, the police reached applicant-Rahul Nishad and learnt that the abovesaid bank account was accessed/logged into via applicant’s mobile phone and thus he had, knowingly, facilitated the operation of the abovesaid bank account. 6. Notice was issued to him to join investigation but he failed to join the same. 7. Learned counsel for the applicant prays for grant of anticipatory bail for the reason that there is that no incriminating material against the applicant and he has no connection with A/c no. 60502436007 which is in the name of M/s Anant Battery Enterprises. The applicant knew Prateek Singh, who used to visit cafe of the applicant since last one and a half years, and to whom the applicant had, merely, provided hotspot access from his 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 17/03/2026 at 10:50:16 BAIL APPLN. 4852/2025 3 registered mobile no.-7233000005 which seems to have been misused by said Prateek. Thus, it is contended that the applicant cannot be held liable for the alleged misuse of hotspot by Prateek Singh. Learned counsel for applicant submits that the applicant has no bad antecedents and is ready to join investigation. 8. Learned APP for the State and learned Counsel for the complainant oppose the bail application. They submit that the applicant’s mobile phone was used for continuous seven days i.e. from 07.09.2024 to 13.09.2024, in order to operate e-mail ID as well as the bank account in question, and such period, clearly, coincides with the bank-transactions. It is contended that applicant knowingly facilitated the operation of said bank account and provided technical and logistical support to the main perpetrators. Learned APP submits that the custodial interrogation of the applicant is imperative to identify co-conspirators and to ascertain the identity of handlers abroad who are operating from Dubai and other countries. It is submitted that said Prateek is still at large. 9. I have heard learned counsel for applicant at length and gone through the material on record. 10. It need not be emphasized that power to grant anticipatory bail is an extraordinary power, which needs to be exercised in a very cautious manner, while keeping in mind the peculiarity of any given case. Merely, because, applicant is ready to join investigation would not, automatically, entitle the applicant for grant of anticipatory bail, especially when the case at hand is a complex case of cyber fraud, involving substantial amount. The cheated money of Rs.6.38 crores has yet not been recovered. 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 17/03/2026 at 10:50:16 BAIL APPLN. 4852/2025 4 11. The custodial interrogation of the applicant looks imperative to connect all the dots and to have a complete chain, with respect to the offences and offenders, both. Only such interrogation would help the police to unravel complete conspiracy, reach the money trail and to comprehend the intricate modus operandi behind the cyber crime in question. 12. In view of the above, the present application stands dismissed. MANOJ JAIN, J MARCH 11, 2026/dr/pb 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 17/03/2026 at 10:50:16