Full Judgment Text
$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.02.2026
+ BAIL APPLN. 5013/2025
KOMAL KUMAR .....Petitioner
Through: Mr. N. Hariharan, Sr. Adv.
with Mr. Siddharth Yadav, Mr.
Rahul Sambher, Mr. Ayush
Kr. Singh, Ms. Kashish Ahuja,
Ms. Rekha Punya Angara, Mr.
Arjan Mandla, Mr. Aman
Akhtar, Ms. Sana singh, Ms.
Vasundhra N and Ms.
Vasundhra Raj Tyagi, Advs.
versus
CENTRAL BUREAU OF INVESTIGATION .....Respondent
Through: Ms. Rajni Gupta, SPP for CBI
with Mr. Shivender Gupta,
Adv.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
DR. SWARANA KANTA SHARMA, J. ( Oral )
1. By way of the present application, the applicant seeks grant of
regular bail in case arising out of FIR bearing no. RC221/2025/E0006
registered at Police Station EO-III, Delhi, for the commission of
offence punishable under Section 61(2)/308/318(4)/319(2) of the
Bharatiya Nyaya Sanhita, 2023 (hereinafter „BNS‟ ) and Section
66C/66D/66 read with Section 43 of the Information Technology
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Act, 2000 (hereinafter „ IT Act ‟).
2. The brief facts of the present case are that a regular case was
registered on the basis of reliable source information indicating that a
group of individuals based in India, primarily operating from Delhi,
and certain other locations, was running a sophisticated cyber-
enabled fraud scheme targeting victims in Japan. The perpetrators
were involved in technical support scams, wherein fake virus alerts
and phishing prompts were displayed on the computer screens of
unsuspecting users. These pop-ups, hosted on malicious URLs that
largely used Microsoft Azure servers, were designed to create panic
by falsely warning users that their systems were infected with
viruses. The victims were then instructed to contact a specified phone
number displayed on the screen. Upon establishing contact, the
operatives, while impersonating representatives of reputed entities
such as Microsoft or Apple, induced the victims to install remote
access software. By doing so, the accused persons gained
unauthorized control over the victims‟ computers and access to
sensitive financial information, which was subsequently used to
defraud them. Four such Japanese victims specified in the FIR were
Sakai Takaharu, Koji Suzuki, Masashi Matsui, and Shinagawa Ku.
3. Pursuant to the registration of the FIR, searches were
conducted at various locations. On 28.05.2025, co-accused Rohit
Maurya, who was involved in creating fraudulent pop-ups, and co-
accused Kapil Gakhar, who had received Bitcoin from the Binance
account of the Japanese victim Sakai Takaharu, were arrested. On
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29.05.2025, co-accused Shubham Jaiswal, Vivek Raj, and Adarsh
Kumar, who were working as fraud callers/technical salespersons at a
call centre operating under the name “Tekku Samurai” in Varanasi,
were arrested. At the time of their arrest, they were found allegedly in
possession of several incriminating devices.
4. During the investigation, the co-accused Shubham Jaiswal,
Vivek Raj, and Adarsh Kumar disclosed that they were working in a
call center named Tekku Samurai at Varanasi, and they led the CBI to
the location of the call centre where it was operating. Further, when
the search of the premises of the said call centre was carried out,
mobile phones and computer systems were recovered containing fake
identity cards impersonating Microsoft employees, images of
Japanese victims sharing their confidential banking details,
information relating to gift cards, logs of applications used for
cheating Japanese victims, and other incriminating digital material.
The investigation further revealed that Komal Kumar (the present
applicant/accused), along with one Amit Singh Bhadoria, is the joint
owner/partner of the said call centre. The applicant was arrested on
20.07.2025, whereas the other partner, Amit Singh Bhadoria, is still
absconding, and the supplementary charge sheet against the
applicant/accused and the partnership firm was filed on 17.09.2025.
5. The learned senior counsel appearing for the present accused
/applicant argues that the applicant is a law-abiding citizen with clean
antecedents and has been falsely implicated in the present case,
having no nexus whatsoever with the alleged acts of cheating the
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Japanese nationals. It is argued that the offences alleged against the
applicant carry a maximum punishment of seven years, yet the
mandatory procedure was grossly violated as no notice under Section
41A of the Cr.P.C. (now Section 35 of the BNSS, 2023) was issued
to the applicant, and he was mechanically arrested on 20.07.2025.
Further, the prosecution‟s assertion that the applicant was evading
arrest is wholly incorrect, and the fact of his arrest at the airport is
being misleadingly portrayed as an attempt to flee the country,
despite the applicant/accused having no knowledge of any pending
investigation at the relevant time. It is further argued that even as per
the prosecution‟s own case, the applicant had no role in the
perpetration of the alleged offences against the victims in Japan and
has merely been roped in on the ground of being the owner of the call
centre where the co-accused were allegedly working, without there
being any material to show that the acts of the co-accused were
committed at his instance or with his knowledge. The learned senior
counsel further submits that the alleged transfer of Rs. 14.7 crores to
the account of the call centre from M/s Bidder Media is an
independent commercial transaction having no connection with the
alleged fraud against Japanese nationals. It is further argued that
other co-accused persons have already been granted bail, entitling the
applicant/accused to parity. Further, it has to be considered that the
chargesheet has already been filed, the evidence is predominantly
documentary and digital in nature, and therefore, there is no
possibility of tampering with evidence. Charges are yet to be framed,
and the trial is likely to take a considerable time to conclude. The
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applicant has remained in custody since 20.07.2025. Therefore, it is
prayed that the applicant be enlarged on regular bail.
6. On the other hand, the learned SPP for the CBI argues that the
applicant is the main accused, who is involved in a well-organised
cybercrime syndicate, wherein the victims are citizens of Japan. It is
contended that the co-accused persons, namely Shubham Jaiswal,
Vivek Raj, and Adash Kumar, who were actively participating in the
commission of the fraud, were working at the call centre operating
under the name “Tekku Samurai” , of which the applicant/accused is
a partner holding 50% shares. It is further argued that during the
course of the investigation, it was revealed that an amount of about
₹14.7 crores was transferred from a company named “Bidder Media”
into the bank accounts of Tekku Samurai . The said bank account of
Tekku Samurai is registered in the name of Harjeet Kaur, wife of the
present applicant/accused, who has categorically stated that the said
bank account was operated exclusively by the applicant/accused. It is
stated that the prosecution strongly suspects that Bidder Media is a
shell company and was used as a conduit by the applicant/accused to
route the cheated money into India. This suspicion is fortified by the
fact that during the investigation, no work orders, minutes of
meetings, appraisal records, proof of work, delivery reports, or any
formal correspondence or documentation indicating legitimate
business dealings between Tekku Samurai and Bidder Media were
found. It is further submitted that during the interrogation and search
proceedings, various electronic devices were seized from the call
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centre, which were found to contain screenshots of gift cards, bank
account details of victims, and forged identity cards of employees
impersonating themselves as representatives of Microsoft. It is also
alleged that the applicant/accused deliberately destroyed his mobile
phones, which constituted crucial and material evidence in the
present case. The learned SPP further points out that the other
partner, Amit Singh Bhadoria, is still absconding. It is apprehended
that if the present applicant/accused is released on bail, there is a
strong likelihood that he may influence or intimidate the employees
of Tekku Samurai , owing to his position of authority and control over
them, and thus, hamper the investigation. In view of the aforesaid
facts and circumstances, it is prayed that the present bail application
be dismissed.
7. This Court has heard arguments addressed by the learned
senior counsel for the applicant and the learned SPP for CBI, and has
perused the material on record.
8. In the present case, it is noted that during the investigation, the
co-accused persons, namely Shubham Jaiswal, Vivek Raj, and
Adarsh Kumar, had led the CBI team to a call centre known as Tekku
Samurai , situated in Varanasi. The present accused/applicant is a
partner in the said call centre, along with one Amit Singh Bhadoria
who is also named as an accused and is presently absconding.
9. It is pertinent to note that SSDs seized from the call centre
revealed the use of the “Zoiper” application for contacting victims
through VoIP services. Call logs recovered from the seized devices
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contained lists of Japanese telephone numbers, clearly indicating
systematic targeting of victims based in Japan. The investigation
further revealed that the agents operating from the call centre used to
impersonate representatives of reputed technology companies, such
as Microsoft, and forged identity cards in this regard, which were
recovered from the seized digital devices.
10. The investigation also disclosed that the employees of the call
centre followed a predetermined pitch, whereby the victims were
falsely informed of non-existent technical issues in their devices and
were induced to install antivirus software or purchase multi-year
service packages at quoted prices. The same pitching scripts and
quotations were recovered from the seized devices, corroborating the
modus operandi. Additionally, screenshots containing confidential
banking details of the victims were found stored on the devices
seized by the police. It was further revealed that gift cards were used
as a mode of payment, and screenshots of gift cards along with their
redeemable codes, sufficient to procure money, were also recovered
from the devices seized from the call centre.
11. It is of relevance that Tekku Samurai was a partnership firm
comprising the applicant/accused and Amit Singh Bhadoria, each
holding an equal share of 50%. Documents collected from
Alphathum, Noida, the owner of the premises from where the call
centre was operating, including the rent agreement, registration deed,
and KYC forms, confirmed the role of the applicant/accused as a
partner in the firm. This position is further corroborated by records
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obtained from Etherea Ventures Pvt. Ltd., which disclose that Tekku
Samurai made a payment of ₹15 lakhs from its ICICI Bank account
on 07.12.2024 towards the final settlement of rent dues.
12. Furthermore, the bank account, i.e., 1519 of Tekku
Samurai, registered in the firm‟s name, was registered under mobile
number 7229, which is in the name of Harjeet Kaur, the wife
of the applicant herein. It is to be noted that she admitted that the
present applicant used to use the bank account.
13. Further, it is pertinent to note that the statement reflected in the
bank statements of Tekku Samurai contains entries such as
„ProfShare2324‟, „ProfShareDec24‟, and „ProfShareOct23‟, pursuant
to which amounts were transferred from the account of Tekku
Samurai to the personal bank account of the applicant herein. The
said narrations prima facie indicate that the transfers were made
towards the applicant‟s share of profits, which shows that the
applicant was not merely associated with, but was an active partner in
the operations of Tekku Samurai .
14. Further, this Court also notes that an amount of Rs. 14.7 crores
(approximately) was transferred from the company Bidder Media to
Tekku Samurai during the period from May 2023 to May 2025.
However, it is material to note that investigation has revealed that
Bidder Media was registered on 06.08.2018, and its registration
expired on 05.11.2022. Despite the expiry of its registration,
substantial funds were transferred to the account of Tekku Samurai
after the said period, which also raises suspicion regarding the
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legitimacy of these transactions.
15. As regards the plea of parity, the same is clearly unmerited in
this Court‟s view, inasmuch as the other co-accused persons were
merely employees – working under the control and supervision of the
present applicant. The material on record prima facie indicates that
the said employees were carrying out the fraudulent activities at the
instance and on the instructions of the applicant, who is one of the
owners of the call centre in question. In these circumstances, the role
attributed to the applicant is clearly distinguishable and far more
serious, and therefore, no ground of parity arises for enlarging the
applicant on bail.
16. It is also noted that the learned SPP appearing for the CBI has
informed the Court that a request has been sent to the concerned
authorities in Japan seeking information and statements of the
victims. However, the names of the victims have already been
mentioned in the charge-sheet.
17. Considering the overall facts and circumstances of the present
case, particularly the fact that the other partner of Tekku Samurai is
still absconding, and further noting that the applicant, if released on
bail, would be in a position of authority over the co-accused and
other employees, this Court is of the view that there is a likelihood of
the applicant influencing them and interfering with the course of
investigation. Accordingly, this Court is not inclined to grant regular
bail to the applicant/accused.
18. The present bail application is, accordingly, dismissed.
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19. It is, however, clarified that nothing expressed hereinabove
shall tantamount to an expression of opinion on merits of the case.
20. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
FEBRUARY 02, 2026/A
RB/GJ
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