Kommineni Ajay Babu vs State Of Nct Of Delhi

Court
Delhi High Court

$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.05.2026
+ BAIL APPLN. 1927/2026, CRL.M.A. 15613/2026 & CRL.M.A.
15612/2026

KOMMINENI AJAY BABU .....Petitioner
Through: Mr. Lakshit Chaudhary and Mr.
Sarthak Udaipuria, Advocates

versus

STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Inspector Ajay Kumar





CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)
1. The accused/application seeks anticipatory bail in case FIR No.
36/2026 of PS Special Cell for offence under Section 308/318(4)/319/340
BNS.
2. Broadly speaking, prosecution case is that the accused/applicant is
involved in a financial fraud whereby the complainant de facto was cheated
of Rs.1,04,49,999/- and the said amount was transferred to the bank

BAIL APPLN. 1927/2026 Page 1 of 5 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af
3962c6fb4835d435f97626cacca, ou=HIGH COURT
OF DELHI,CID - 7047638, postalCode=110003,
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b
40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.05.15 05:34:27 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:15.05.2026
17:41:29

accounts of the business entities, with which the accused/applicant is
connected. Out of the allegedly cheated amount, a sum of Rs.50,00,000/-
was transferred into ICICI bank account of the business entity run by the
accused/applicant.
3. Against the above backdrop, learned counsel for accused/applicant
contends that he has been falsely implicated in this case. It is submitted by
learned counsel that the FIR was registered against some unknown person
and it does not spell out the complete details of the alleged offence. It is also
contended that the accused/applicant himself is a victim of the fraud as
someone misused his bank account. It is submitted that the
accused/applicant had lost SIM card of his mobile phone, so he had even
lodged a police complaint in that regard, copy whereof is Annexure P-3 to
this anticipatory bail application. It is further contended by learned counsel
for accused/applicant that no custodial interrogation is required in this case,
since the bank account of the accused/applicant already stands frozen by the
police.
4. On the other hand, learned APP for State assisted by IO/Inspector
Ajay Kumar strongly opposes grant of anticipatory bail on the ground of
seriousness of the offence and the stage of the investigation. It is contended
that on the same day when a sum of Rs.50,00,000/- out of the amount
allegedly cheated in the present case was credited into the bank account of
the accused/applicant, further sum of Rs.2,34,00,000/- was also credited in

BAIL APPLN. 1927/2026 Page 2 of 5 pages

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=d3e86796451ec45c07b5d15570996
b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.05.15 05:34:11 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:15.05.2026
17:41:29

that account and as many as six more similar complaints of cyber frauds
have been received pertaining to the same bank account. Learned APP for
State has also shown me the investigation file, contending that custodial
interrogation is required in this case.
5. So far as the FIR being unnamed, according to the record, it was an e-
FIR, subsequent to which a detailed statement of the complainant de facto
was recorded on 09.02.2026. In that detailed statement, the complainant de
facto elaborately described how he was put under pressure on the pretext
that his landline phone was being used for illegal activities like online
gambling, human trafficking, money laundering and blackmailing. The
complainant de facto was got connected through his landline to the
emergency helpline of Indira Nagar police station and was instructed to
contact them through WhatsApp from his mobile phone, which he complied
with and was connected to a person introducing himself as SI Abhinav Joshi,
who appeared in police uniform during the WhatsApp video call. The
further statement of the complainant de facto elaborately describes how he
was threatened with the arrest and was made to transfer different amounts of
money to four bank accounts, one of which is held by the company namely
Smartplan Media Pvt. Ltd., of which the accused/applicant claims himself to
be the ‘proprietor’ ( despite the said entity being a company ). The amount
got transferred from the bank account of complainant de facto into the bank
account held by Smartplan Media Pvt. Ltd. was Rs. 50,00,000/-. Further,
according to the complainant de facto , during all transactions, he was

BAIL APPLN. 1927/2026 Page 3 of 5 pages

GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af39
62c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b4
0f80cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.05.15 05:33:58 +05'30'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:15.05.2026
17:41:29

monitored through video calls while travelling to the bank. Subsequently,
realizing that he had been cheated through a digital arrest modus operandi ,
he lodged a complaint on cyber crime helpline portal.
6. So far as the complaint ( Annexure P-3 ) is concerned, the same is
clearly an afterthought, having been lodged by the accused/applicant with
the local police on 26.04.2026, by which date the investigation had already
started and the accused/applicant had already received a notice to join the
investigation.
7. Coming to the issue of the custodial interrogation, going by the above
described circumstances, expanse and depth of the alleged offence needs to
be unearthed. The legal character of the relationship between the
accused/applicant and Smartplan Media Pvt. Ltd. also needs to be unearthed,
because the said entity is a private limited company, but the
accused/applicant claims himself to be a “proprietor” thereof, which is not a
coherent statement. As mentioned above, according to the prosecution, there
are six more complaints of similar cyber frauds linked with the same bank
account, in which, after credit of Rs.50,00,000/- by the present complainant
de facto , further amount of Rs.2,34,00,000/- was also credited. I do not find
unjustified the request of the investigating agency to permit custodial
interrogation of the accused/applicant.
8. At the same time, it is also a settled view that in such cases of large

BAIL APPLN. 1927/2026 Page 4 of 5 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.05.15 05:33:45 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:15.05.2026
17:41:29

scale cyber frauds and even other economic offences, grant of anticipatory
bail is not appropriate because doing so would thwart and derail the
investigation.
9. Considering the overall circumstances described above, I do not find
it a fit case to grant anticipatory bail.
10. Therefore, the anticipatory bail application and the accompanying
applications are dismissed.
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.15 05:33:30 +05'30'
GIRISH
KATHPALIA



GIRISH KATHPALIA
(JUDGE)
MAY 15, 2026/ as

BAIL APPLN. 1927/2026 Page 5 of 5 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:15.05.2026
17:41:29