$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1066/2026 SALMAN SAYEED SIDDIQUI .....Petitioner Through: Mr Asad Iqbal Khan and Mr. Abuzar, Advs. versus THE STATE GOVT. OFN.C.T. OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State along with SI Amit andn HC Rahul Nigam. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 17.03.2026 CRL.M.A. 7991/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. BAIL APPLN. 1066/2026 3. By way of this application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. 47/2024, registered at the Police Station Cyber Police Station, Delhi, for the commission of offences punishable under Sections 318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter „BNS‟). 4. Brief facts of the present case are that on 12.02.2025, a complaint was received wherein the complainant stated that on 10.11.2024 at about 8:30 AM, he was attempting to book an air ticket online. During the process, he came in contact with certain persons through WhatsApp using mobile 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 18/03/2026 at 15:06:25 numbers +1902915489 and 70******31. While interacting with them, he received an OTP on his registered mobile number. Subsequently, an amount of ₹47,688/- was paid by him to book the ticket. The complainant further stated that the said amount was transferred via IMPS transaction to a bank account in the name of co-accused Swapnil Dattaram Ghate, i.e. Account No. 92***********21, through UTIB (Axis Bank). It is alleged that immediately after receiving the payment, the accused cancelled the ticket and ceased all communication. Despite repeated attempts by the complainant to contact the said numbers through WhatsApp and phone calls, there was no response. Consequently, the present complaint was filed. 5. During the course of investigation, co-accused Swapnil Dattaram Ghate disclosed that he had opened the bank account bearing No. 92***********21 in July 2024 and had handed over the same to co-accused Rohit Rajaram Ghanekar for a consideration of ₹2,000/-. Subsequently, co- accused Rohit Rajaram Ghanekar, who was apprehended on 02.04.2025, revealed that he used to provide bank accounts and SIM cards to Salman Sayeed Siddiqui (the present applicant). The applicant, upon his apprehension on 06.04.2025, further disclosed that he, along with Rohit Rajaram Ghanekar and one Nutan, was actively involved in committing cyber fraud, wherein bank accounts and SIM cards were arranged and used for carrying out the fraudulent activities. 6. The learned counsel appearing for the applicant argues that the applicant has been falsely implicated in the present case and has been in judicial custody for more than one year. It is argued that the evidence collected in the present case is primarily documentary in nature, which is already in possession of the I.O. and, therefore, he is not in any position to 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 18/03/2026 at 15:06:25 influence or tamper with the same. It is also contended that co-accused, Rohit Rajaram Ghanekar, who has been attributed a role similar to that of the present applicant, has already been granted bail by the learned Trial Court vide order dated 11.12.2025. The learned counsel also submits that the alleged cheated amount, though not received by the applicant, has already been refunded to the complainant. Additionally, it is pointed out that the chargesheet has been filed, charges are yet to be framed, and the trial is likely to take a considerable period to conclude. In light of these submissions, it is prayed that the applicant be enlarged on regular bail. 7. Per contra, the learned APP for the State vehemently opposes the bail application and submits that the applicant is the mastermind behind the cyber fraud and had organised the entire network for carrying out such illegal activities. It is argued that the applicant used virtual (VOIP) numbers to contact victims while impersonating representatives of travel agencies, thereby inducing them to transfer money on the pretext of booking air tickets and upon receipt of the payment, the applicant would cancel the tickets and thereafter avoid all communication with the victims. It is further contended that substantial recoveries have been effected from the residence of the applicant, including 07 mobile phones, 01 tablet, 03 laptops, 04 Wi-Fi routers, one Wi-Fi POD, 04 bank passbooks, 15 debit cards, and 01 stamp, which clearly indicate his active involvement in the organised cyber fraud. Accordingly, it is prayed that the applicant does not deserve the concession of regular bail. 8. This Court has heard arguments addressed by learned counsel for the applicant and learned APP for the State, and has perused the material on record. 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 18/03/2026 at 15:06:25 9. In a nutshell, the allegations against the applicant are that he operated a travel agency under the name “Travel Destination” and, through a Facebook page, induced customers to book air tickets by sharing their personal details and making payments via a virtual contact number. After receiving the payment, the accused initiated bookings without generating valid e-tickets and subsequently cancelled the tickets, thereby dishonestly misappropriating the amount. 10. This Court notes that 07 mobile phones, 01 tablet, 03 laptops, 04 Wi- Fi routers, one Wi-Fi POD, 04 bank passbooks, 15 debit cards, and 01 stamp were recovered from the residence of the applicant, which prima facie indicates his involvement in the commission of offence, and also as alleged, suggests that he is the mastermind behind the cyber fraud perpetrated against the victims. 11. One of the contentions raised before this Court, on which bail is being sought, is that the cheated amount of ₹48,000/- has already been refunded to the complainant in the present case. This Court however is of the view that pertinently, the applicant was operating a Facebook page through which he allegedly lured multiple victims, and mere repayment of the cheated amount to the present complainant cannot, by itself, constitute a ground for grant of bail, particularly when there is a possibility of several other victims having been defrauded, who may have yet not come forward. 12. It is also pertinent to note that the co-accused, Rohit Rajaram Ghanekar, has been enlarged on bail vide order dated 11.12.2025 by the learned Trial Court. However, the applicant cannot claim parity with the said co-accused, as the roles attributed to them are materially distinct. The applicant is alleged to be the mastermind behind the cyber fraud, whereas 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 18/03/2026 at 15:06:25 the co-accused was only involved in providing bank accounts including the bank account no. 92***********21 and SIM cards for facilitating the commission of the alleged offence. 13. This Court also notes that the applicant was previously arrested in a similar case i.e. FIR No. 420/2023, registered for offences punishable under Sections 465, 468, 472, 219, and 420 of the IPC, at Police Station Sahar, Mumbai, Maharashtra. 14. Therefore, considering the overall facts and circumstances of the case, the nature of offence, alleged role of the applicant and material collected against him during investigation, this Court is not inclined to grant regular bail to the applicant/accused, at this stage. 15. The bail application is accordingly dismissed. 16. It is, however, clarified that nothing expressed herein above shall tantamount to an expression of opinion on merits of the case. 17. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MARCH 17, 2026/A/rb 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 18/03/2026 at 15:06:25