$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010256972026 + BAIL APPLN. 2152/2026 AKSHAY MALHOTRA .....Applicant Through: Mr. Mikhil Vij, Adv. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditya Vikram Singh, Advs. with Insp. Kuldeep Kumar, IFSO CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 05.08.2026 1. By virtue of the present petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks anticipatory bail in FIR No. 65/2026 dated 10.03.2026 registered at PS.: Special Cell under Sections 318(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 135A of the Customs Act, 1962 read with Sections 66/66B/ 66C/66(D)/70/72/72A of the Information Technology Act, 2000. 2. Status Report handed over by the learned APP is taken on record. 3. The facts leading to filing of the present FIR are such that, a complaint was made by the then Joint Director, Data Centre and Cyber Security, DG Systems, Central Board of Indirect Taxes and Customs (CBIC), Department of Revenue, alleging unauthorized access, extraction, transmission, disclosure, and commercial sale of sensitive Customs data 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 11/08/2026 at 11:15:43 from notified Protected Systems (Critical Information Infrastructure) such as ICEGATE, ECCS, and ACES-GST portals, which are notified under the Information Technology Act, 2000. It was alleged therein that as per the information received from the Computer Emergency Response Team, approximately 70 websites were engaged in the procurement and dissemination of such commercially sensitive data. 4. During investigation, details pertaining to 3 companies namely Export Genius Pvt. Ltd, Sybex EXIM Solutions Pvt. Ltd and Happily Trade having active involvement in the aforesaid offences were obtained and analysed. Pursuant thereto, raids were conducted at the aforesaid companies leading to arrest of several co-accused persons, including one Nitin Malhotra, Director in one of the aforesaid companies and brother of the applicant. 5. Though the applicant was issued a Notice under Section 35(3) of the BNSS dated 11.05.2026, calling for his presence on 12.05.2026, however, he failed to join investigation, and instead sought anticipatory bail before the learned Trial Court. Since then though the applicant has been joining investigation from time to time, however, he has been evasive and not giving the correct information. 6. In this factual backdrop, this Court has heard learned counsel for the applicant as also the learned APP, and perused the documents on record. 7. At the outset, though the name of the applicant in the FIR is not there, however, investigations revealed that he was all throughout actively involved in the day-to-day affairs and functioning of the company in which his brother is a Director. His Bank Statement reveals that he was receiving a monthly salary of Rs.1,80,000/- from the company’s bank 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 11/08/2026 at 11:15:43 account. This, at this stage, when the applicant is seeking grant of an anticipatory bail, and the investigation is still going on, is a material fact for consideration today. 8. Further, it is borne out that though the applicant has joined investigation, but he has neither participated fully therein nor come clean as he has only produced one of his old phone and one laptop, without giving any details/ whereabouts of the other devices/ laptops/ mobile phones of the employees, which allegedly are in his since 06.04.2026 and are yet to be recovered. 9. Under these circumstances when there are too many gadgets/ information(s) floating around, custodial interrogation of the applicant may be called for/ necessary to unearth the nexus and chain of transactions and digital evidence, the case property, and the conspiracy involved herein. 10. Accordingly, the present application is dismissed at this stage. 11. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J. AUGUST 05, 2026/So/DA 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 11/08/2026 at 11:15:43