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2026 DAILYLAW 8752 (DEL)

CHANDAN KUMAR v. STATE (NCT OF DELHI)

BAIL APPLN./1137/2026 · 2026-05-20

Swarana Kanta Sharma

body2026

Judgment text

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$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1137/2026 CHANDAN KUMAR .....Petitioner Through: Mr. Sandeep Sharma, Senior Advocate with Ms. Kanchan Semwal, Mr. Sanjeev Kumar, Ms. Somya Gupta, Mr. Madhav Jha, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for the State. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 20.05.2026 1. By way of the present application, the applicant seeks grant of regular bail in case arising out of e-FIR bearing no. 74/2025, registered at Police Station Special Cell, Delhi, for the commission of offences punishable under Sections 308/318(4)/319/340 of the Bharatiya Nyaya Sanhita, 2023 (hereafter ‘BNS’). 2. Briefly stated, the facts of the present case are that a complaint was filed regarding cheating of an amount of ₹4.62 crores in an online investment fraud by some unknown persons through digital platforms on the false assurance of high and guaranteed returns on investments. In this regard, an e-FIR no. 74/2025 was registered at P.S. Special Cell, Delhi. Investigation revealed that the cheated amount was systematically diverted 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 11:09:08 and layered through multiple bank accounts, including accounts opened in the names of shell firms and companies created solely for facilitating the commission of offence. The investigation has further disclosed the existence of a well-organized criminal conspiracy involving inter-state financial transactions and digital fraud. Further, the investigation has revealed that the present accused/applicant Chandan Kumar was the main accused. It was found that the present accused/applicant was an active conspirator and beneficiary of the cheated amount. An amount of ₹2.71 crores was transferred from the bank account of the victim to the Axis Bank account, in the name of the present accused/applicant. The investigation also revealed that the applicant had incorporated a company in the name and style of “Nutri Roots Wellness Private Limited” and the bank account was opened in the name of the company by him. He is the director of the company and the mobile number registered with the bank account was found issued in his name. The investigation, to reiterate, revealed that an amount of ₹2.71 crores out of the cheated amount of ₹4.62 crores was credited into his bank account and thereafter diverted into multiple bank accounts. Investigation had further revealed that he was involved in 19 other similar complaints registered against his bank account. 3. The learned counsel appearing on behalf of the applicant argues that the applicant is not the beneficiary of the amount allegedly cheated. It is also argued that the applicant had been falsely implicated in the present case. It is argued that he is not required for further investigation as chargesheet against him stands filed. It is also argued that mere receipt of any amount in his bank account does not establish intention to commit offence. Therefore, it is prayed that the applicant be released on regular bail. 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 11:09:08 4. The learned APP for the State, on the other hand, argues that the accused is the main conspirator and beneficiary of ₹2.71 crores in this case and that investigation has not only revealed his active role in the alleged offence but also multiple complaints have been received qua the bank account opened by him which has been used for commission of the offence of cheating/online fraud. It is, therefore, prayed that the present application be dismissed. 5. This Court has heard arguments addressed on behalf of the learned counsel for the applicant as well as the learned APP for the State and has perused the material available on record. 6. After hearing arguments and going through the case file, this Court is of the opinion that the present case involves commission of cyber fraud/offence of cheating through digital platforms for online investment of money on false assurance of high and guaranteed returns to the victims. 7. Further, the investigation against the present accused/applicant has also revealed that he had opened account in Axis Bank, wherein from the victim’s account, an amount of ₹2.71 crores was transferred. The investigation has revealed the modes operandi adopted by the present applicant of having incorporated a company of which he was the director and the bank account was opened in the name of the company. The mobile number registered with the company was found issued in his name and an amount of ₹2.71 crores was credited into his bank account, which thereafter was diverted into multiple bank accounts. Another aspect of the case is that the investigation has not only revealed the present complaint but also, 19 additional complaints have been registered against the applicant’s bank account involved in online fraud on the National Cyber Crime Reporting 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 11:09:08 Portal (NCRP) across India. This reflects the multiple victims cheated by him. 8. Even during the investigation, the accused was unable to explain as to how this amount was received in his bank account, the documentary evidence including bank account statements, KYC records, transaction trails and digital evidence at this stage, prima facie point out to his involvement in the present case. 9. Considering the overall facts and circumstances of the present case and the nature of offence at this stage, this court finds no ground for grant of regular bail. 10. Accordingly, the present application stands rejected. 11. It is, however, clarified that nothing expressed herein above shall tantamount to an expression of opinion on merits of the case. 12. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 20, 2026/zp 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 11:09:08