Sourav vs State Of Nct Of Delhi

$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.11.2026
# CNR No. DLHC010527982026
+ BAIL APPLN. 4687/2026, CRL.M.A. 34429/2026 &
CRL.M.(BAIL) 2107/2026

SOURAV .....Petitioner
Through: Mr. Amit Sharma, Advocate.

versus

STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Ms. Megha Garg, Advocate with
IO/SI Amit.






CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)


1. The accused/applicant seeks regular bail in case eFIR No.
60002513/2026 of PS Cyber Police Station, Outer North for offence under
Section 112/318(4)/317(2)/317(5)/319/61(2) of BNS.
2. Broadly speaking, the eFIR in this case was registered on the basis of
online complaint alleging cyber enabled Android Package Kit (APK) fraud
in which the complainant de facto was defrauded of Rs.6,34,000/- and the

Bail Application No 4687/2026 Page 1 of 4 pages

GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962
c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f8
0cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.11.02 18:18:23 +05'30'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.11.2026
18:19:40

money was layered and diverted into multiple payments of credit cards. One
such credit card, which was refilled with Rs.40,970/- out of the cheated
money, belonged to one Karan Arjun, a resident of Nasik, Maharashtra, who
disclosed that the settlement of his credit card bills had been arranged
through Shiv Enterprises on recommendation of his friend Ankush. Further
investigation into Shiv Enterprises revealed that it had been receiving funds
by transfers from one Rahul operating in Delhi, on whose mobile phone, it
came out that he was operating via a pocket router to conceal the digital
footprints. Sustained surveillance of the mobile phone number of Rahul
revealed transactions with Malabar Gold and Diamonds, who confirmed that
fraudulent gift vouchers worth Rs.1,68,000/- had been purchased to procure
gold jewellery under fictitious identity. The physical delivery of that gold
consignment was tracked and stalled. The technical intelligence led to a
police trap in Jalandhar, Punjab, in which the present accused/applicant was
intercepted while arriving to collect the jewellery parcel. At that time, the
accused/applicant was accompanied with his brother-in-law, who managed
to escape. One operational mobile phone with pocket router was recovered
from the personal search of the accused/applicant. On 19.08.2026, the
accused/applicant was arrested.
3. Learned counsel for accused/applicant contends that he has
compromised the dispute with the complainant de facto, to whom he has
paid back the entire cheated amount, so he deserves to be released on bail. It
is submitted by learned counsel that the compromise arrived at between the
accused/applicant and the complainant de facto was reduced into writing and

Bail Application No 4687/2026 Page 2 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.11.02 18:18:14 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.11.2026
18:19:40

on the basis thereof, the accused/applicant has already filed a petition before
this court for quashing of the FIR.
4. Learned APP for State assisted by Investigating Officer/SI Amit
accepts notice and strongly opposes the bail application on the ground of
gravity of offence. It is submitted by learned APP that the accused/applicant
is involved in eight more FIRs for offences similar to the present case.
Learned APP also submits that the proceeds of crime in the present case
itself range between Rs.4 crores to Rs. 5 crores.
5. The offence alleged against the accused/applicant is not conventional
cheating. It is an offence where the offender remains concealed behind
digital smokescreen. In the present case, as mentioned above, even digital
footprints cannot be tracked easily on account of use of pocket router.
6. It is not the single case in which the accused/applicant is involved. As
mentioned above, the accused/applicant is involved in as many as eight
cases of similar frauds.
7. As regards the compromise arrived at between the accused/applicant
and the complainant de facto, it is trite that such compromise cannot be a
ground to grant bail. For, the criminal courts are not the forum for recovery
of money. Besides, even in the present FIR, there are multiple victims, with
the total tune of fraud ranging between Rs. 4 crores to Rs. 5 crores and
admittedly there is no such settlement with those remaining victims, though
that in itself also would not serve as a ground for bail.

Bail Application No 4687/2026 Page 3 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.11.02 18:18:05 +05'30'
Digitally Signed
By:RAHUL YADAV
Signing Date:02.11.2026
18:19:40
GIRISH
KATHPALIA
Signature Not Verified

8. The accused/applicant was arrested on 19.08.2026 and charges are yet
to be framed before the trial court.
9. Keeping in mind the gravity of offence and its expanse, both
horizontally and vertically, I do not find it a fit case to grant bail. The bail
application and accompanying applications are dismissed.
10. Copy of this order be sent to the concerned Jail Superintendent for
informing the accused/applicant.


Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569a
f3962c6fb4835d435f97626cacca, ou=HIGH COURT
OF DELHI,CID - 7047638, postalCode=110003,
st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.11.02 18:17:55 +05'30'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
NOVEMBER 2, 2026/ ry

Bail Application No 4687/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.11.2026
18:19:40