Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Reserved on: 11 December, 2025
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Pronounced on: 15 December, 2025
+ BAIL APPLN. 4385/2025
AAYUSH GOYAL
S/o Sh. Naveen Goyal
R/o J & K Block, Building No.25,
Flat No.12, Laxmi Nagar,
Delhi-110092 .....Petitioner
Through: Mr. Kunal Jain, Advocate.
versus
STATE OF NCT OF DELHI
Through the S.H.O.
P.S. Cyber, Southwest, Delhi .....Respondent
Through: Mr. Utkarsh, APP for the State.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1. Bail Application filed under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) read with
Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred
to as “CrPC”) has been filed by the Petitioner/Aayush Goyal for grant of
Anticipatory Bail in FIR No. 44/2025 dated 08.07.2025 under Sections
318(4)/61(2)/3(5) Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as
“BNS”) [corresponding to Section 420/120B/34 of the Indian Penal Code
(IPC) 1860 ] at P.S. Cyber, South-West.
Signature Not Verified
BAIL APPLN. 4385/2025 Page 1 of 9
Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
2. The case of the Prosecution is that the present FIR under Section
318(4) BNS was registered at P.S. Cyber South West on the Complaint of
one Sh. Abhishek Raj . He alleged that he received a WhatsApp call from
number 8629967903, where a woman introduced herself as “ Akansha ,”
impersonating an HR executive of a Company, namely, Freelance Pvt. Ltd .
She informed him about work-from-home tasks available through their
website and promised income for each Google search/review performed.
Initially, the Complainant received small payments to build trust. Later, the
caller told him that his free task coupons had expired and induced him to
make multiple payments for higher-income tasks. After depositing the
money repeatedly, when he demanded his earnings, he was further asked to
pay additional funds, and his money was never returned. He suffered a total
loss of Rs.3.75 lakhs.
3. During investigation, it was found that the calling numbers were
operated through the website waho.pro , which is hosted on a U.S.-based
server. Inquiry regarding the same is still pending.
4. Further investigation revealed that Rs.90,000/- of the cheated amount
was transferred into an IDFC First Bank account belonging to one Ahtisham
S/o Lt. Tahseen Ali, R/o R-144, Gali No. 7, Ramesh Park, Laxmi Nagar,
Delhi.
5. On 24.07.2025, a raid was conducted in Laxmi Nagar and accused
Ahtisham was traced. During interrogation, he disclosed that he opened the
said IDFC account on the instructions of one Mukesh Luthra @ Pankaj in
exchange for a commission of Rs.8,000/-, and that Mukesh was present at
the time of account opening. He further stated that Mukesh got the cheated
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Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
money transferred into his account, which he then withdrew through cheque,
(recorded by the bank CCTV footage) and handed over the cash to Mukesh,
who paid him his commission of Rs.8,000/- for his role. Accused Ahtisham
was arrested.
6. Co-accused Mukesh Luthra @ Pankaj S/o Gulshan Luthra R/o H No.
13/55, Geeta Colony, East Delhi , was traced, at the instance of Ahtisham.
During interrogation, he disclosed that he gave the cheated funds to co-
accused Garvit , who deposited the money via cash-deposit machines into
multiple mule Accounts provided by the present Applicant, in exchange for
cryptocurrency. Mukesh was arrested and sent to JC.
7. During further investigation, a Notice under Section 35(3) BNSS was
served to co-accused Garvit @ Golu . He initially failed to join the
investigation and sought Anticipatory Bail, which was granted on grounds of
settlement and with a direction to cooperate. He later joined the
investigation and disclosed that he obtained several accounts through
Mukesh Luthra and supplied them to the Applicant/Aayush Goyal, who
further circulated them on cryptocurrency platforms, for receiving cheated
funds.
8. The incriminating WhatsApp chats between co-accused Garvit and
Applicant were recovered from Garvit’s mobile phone, showing the
petitioner sharing multiple bank account details. These screenshots were
placed on record.
9. Two Notices under Section 35(3) BNSS were also served to
Applicant Aayush Goyal, but he did not join the investigation.
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Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
10. His Anticipatory Bail Application before the Ld. Sessions Court was
dismissed vide Order dated 01.11.2025.
11. The grounds taken by the Applicant for seeking Anticipatory Bail
are that there is no direct or indirect evidence linking him to the alleged
offence, and his name does not appear in the FIR or any primary documents
forming the basis of the Complaint.
12. It is submitted that the Applicant is neither known to the Complainant
nor to any of the co-accused named in the FIR. He has had no
communication, contact, or dealings (financial or digital) with any of them
and has not participated in any activity related to the alleged offence.
13. It is submitted that no independent evidence has been presented to
establish that the Applicant provided any “ mule account ” or facilitated any
fraudulent cryptocurrency transaction.
14. Furthermore, the Applicant has never received any money,
commission, or benefit from the alleged fraudulent transaction. His
legitimate academic interest in cryptocurrency has been misinterpreted and
wrongly linked to the FIR.
15. Moreover, the Applicant is a 22-year-old MBA (Finance) student at
Amity University, Noida, with no criminal history. His continued detention
or arrest would cause grave and irreparable damage to his education,
reputation, and future career prospects.
16. It is submitted that the Complainant has already received the entire
cheated amount from the other co-accused, as recorded in Orders dated
29.07.2025 and 13.08.2025 by Ld. ASJ. Therefore, custodial interrogation of
the Applicant serves no purpose. All relevant records, digital data, and
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Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
financial information are already with the investigating Agency, and the
Applicant’s cooperation can be secured without arrest.
17. It is submitted that the principle of parity applies in the Applicant’s
favour. When similarly placed co-accused persons have been granted
Anticipatory Bail, denying the same relief to the Applicant would amount to
unequal treatment and in violation of Article 14 of the Constitution of India.
18. Reliance is placed on Sushila Aggarwal vs. State (NCT of
Delhi) , (2020) 5 SCC 1, which recognizes anticipatory bail as a safeguard of
individual liberty.
19. Lastly , it is submitted that the Applicant has strong roots in the
community, is not a flight risk, is a permanent Delhi resident, and resides
with his family. The Applicant undertakes to fully cooperate with the
investigation.
20. Thus, it is prayed that the impugned Order dated 01.11.2025 of Ld.
ASJ, be set aside and Applicant be granted Bail.
21. The Respondent/State has vehemently opposed the Bail
Application on the grounds that the investigation has established that
Applicant is a crucial link in the cyber-fraud network. He was actively
involved in procuring and supplying mule bank accounts for receiving
cheated funds via P2P cryptocurrency platforms.
22. Incriminating WhatsApp chats and screenshots recovered from co-
accused Garvit’s phone clearly show the petitioner was regularly sharing
numerous bank account details for facilitating the fraudulent transfers. The
communication pattern evidences active coordination and financial dealings.
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Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
23. Despite being served two Notices under Section 35(3) BNSS, the
Applicant deliberately avoided joining the investigation, indicating
intentional evasion and non-cooperation, which has significantly obstructed
progress in this digitally-driven offence.
24. It is submitted that custodial interrogation is essential to uncover the
full network of mule accounts, recover digital devices, crypto-wallets,
private keys, transaction IDs, identify foreign crypto platforms and handlers,
and ascertain the extent of financial trails and illegal gains.
25. Furthermore, it is submitted that cyber-fraud cases involve highly
perishable digital evidence. If granted anticipatory bail, the petitioner is
likely to delete chats, cloud backups, crypto-wallets, and other electronic
traces, causing irreversible damage to the investigation.
26. It is also submitted that the Applicant is also wanted in FIR
No.49/2025 under Sections 318(4)/61(2)/3(5) BNS at P.S. Cyber , North-
West, New Delhi. He is the kingpin of a gang of cheats and his custodial
interrogation is required to unearth the whole controversy.
27. Thus, the Bail Application is liable to be rejected.
Submissions heard and record perused.
28. The present case essentially pertains to an alleged cyber-fraud
operation involving inducement of the Complainant through a work-from-
home scam, whereby he was deceived into transferring money on the pretext
of earning online income. The investigation revealed a multi-layered chain
in which the cheated amount was routed through various bank Accounts
allegedly used as “mule accounts,” with some funds ultimately withdrawn
in cash and purportedly circulated further.
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Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
29. The co-accused Mukesh Luthra @ Pankaj, was traced and during
interrogation, he disclosed that he had handed over the cheated funds to co-
accused Garvit, who further deposited the said money through cash deposit
machines into mule accounts provided by the present Applicant, in exchange
for cryptocurrency. The Applicant is alleged to be involved only on the basis
of co-accused disclosures and purported WhatsApp chats.
30. Though the Applicant is not named in the FIR, nor is there any direct
allegation by the Complainant of the inducement, deception, or receipt of
cheated money, but he is allegedly the main co-conspirator who provided
the Mule Accounts for transfer of money. His involvement may have
emerged through the disclosure statements of the co-accused, but according
to the State there is incriminating evidence by way of money withdrawals
and WhatsApp communication.
31. The entire cheated amount has already been recovered and paid to the
Complainant. As noted in the Order of Ld. ASJ dated 29.07.2025, the
Complainant has settled the matter with the accused persons and also
acknowledges the payment received by him. No custodial interrogation of
the Applicant is merited especially when the entire evidence is essentially
documented and investigation would be data-centric.
32. Moreover, the co-accused Garvit, whose role is alleged to be more
proximate in handling of mule accounts and cash deposits, has already been
granted Anticipatory Bail vide Order dated 29.07.2025. The Applicant is
entitled to similar relief on the principle of parity.
33. Lastly , it is noted that the Applicant has clean antecedents and is a
young man of 22 years who is pursuing his MBA. There is no material to
Signature Not Verified
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Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
suggest that he is a flight risk or would abscond or influence the witnesses, if
protected by Anticipatory Bail.
34. In view of the aforesaid circumstances, it is directed that in the event
of arrest, the Applicant/Accused/Aayush Goyal shall be admitted to
Anticipatory Bail by the Investigating Officer/Arresting Officer, subject to
be following conditions:-
(i) The Applicant/Accused shall furnish a personal bond in
the sum of Rs.25,000/- with one surety in the like amount to the
satisfaction of the Investigating Officer/Arresting Officer.
(ii) The Applicant/Accused shall join the investigations, as
and when called by the Investigating Officer and shall
cooperate during the investigations.
(iii) The Applicant/Accused shall furnish his cell-phone
number to the Investigating Officer on which he may be
contacted at any time and shall ensure that the number is kept
active and switched-on at all times.
(iv) The Applicant/Accused shall not contact, nor visit, nor
offer any inducement, threat or promise to any of the
prosecution witnesses or other persons acquainted with the facts
of case.
(v) The Applicant/Accused shall not tamper with evidence
nor otherwise indulge in any act or omission that is unlawful or
that would prejudice the proceedings in the pending trial.
35. The Petition stands disposed of in the above terms. The Pending
Application, if any, also stands disposed of.
Signature Not Verified
BAIL APPLN. 4385/2025 Page 8 of 9
Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47
36. Copy of the Order be sent to the Ld. Trial Court for compliance.
(NEENA BANSAL KRISHNA)
JUDGE
DECEMBER 15, 2025/RS
Signature Not Verified
BAIL APPLN. 4385/2025 Page 9 of 9
Signed By:VIKAS
ARORA
Signing Date:15.12.2025
17:27:47