Akash Kumar vs Central Bureau Of Investigation

$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 04 May, 2026
+ BAIL APPLN. 2743/2025 & CRL.M.A. 21374/2025 & CRL.M.A.
21375/2025

AKASH KUMAR .....Petitioner
Through: Mr. Nishant Nain with Ms. Charu
Sharma, Mr. Chanderjeet Yadav and
Mr. Vashu Kumar, Advocates.
versus

CENTRAL BUREAU OF INVESTIGATION .....Respondent
Through: Mr. Rajesh Kumar, SPP, CBI with
Mr.Changez Khan, Advocate and
Insp. Shakti Rana.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Applicant seeks anticipatory bail in a case arising out of FIR
No.RC2212025E0005 dated 01.05.2025, registered at P.S. EO-III Delhi, for
commission of offences under Sections 61(2)/318(4)/340(2)/336(3) of
Bharatiya Nyaya Sanhita, (BNS), 2023 (corresponding Sections
120B/420/471/468 IPC) and Sections 66C/66D of Information Technology
Act, (IT Act), 2000 (as amended in 2008).
2. The present case was registered by CBI on the basis of reliable source
information indicating a massive fraud operating under the guise of equity
and stock market investments. The investment opportunity was offered by
mentioning about a fake mobile trading application named ‘ Anisha ’.
Perpetrators lured investors with the promise of discounted equities and high
returns.
Signature Not Verified
BAIL APPLN. 2743/2025 1

Signed By:SONIA
THAPLIYAL
Signing Date:07.05.2026
10:58:53

3. Fact, however, remains that despite investment by the unwary
customers and investors, no further action was taken by the perpetrators of the
crime. On the contrary, the abovesaid application displayed fictitious profit,
to mislead the victims. When the investors attempted to withdraw the
amounts, all communication between the investors and perpetrators was
cut-off and even access to abovesaid application was blocked. The entire
communication was being conducted either through the abovesaid application
or through WhatsApp , ensuring minimal traceability. The source information
further revealed that such perpetrators have more than 650 SIM cards which
was being used in the abovesaid Nation-wide scam and nearly Rs.150 crores
had, so far, been defrauded by the syndicate. Majority of the amount
deposited by victims were forwarded to 41 bank accounts, all over India
which were being operated through common IP addresses — indicative of a
singular entity behind the fraud.
4. There are several victims and the funds from their accounts were
funnelled into several bank accounts of first layer and, thereafter, to other
banks.
5. As per investigation, during the period from 26.11.2024 to 30.11.2024,
a sum of approximately Rs.2.77 crores was credited into Bank of
Maharashtra account held in the name of ‘ Falcon Resealing Enterprises’ .
This account is, reportedly, one of those 41 bank accounts. The abovesaid
account was, as per the bank record, found in the name of one Vikas Kashyap .
However, when CDRs pertaining to the linked mobile numbers was analysed,
the Investigating Agency came to conclusion that the abovesaid account of
Bank of Maharashtra was being managed and used by the applicant herein i.e.
Akash Kumar. The abovesaid account of Bank of Maharashtra was opened
Signature Not Verified
BAIL APPLN. 2743/2025 2

Signed By:SONIA
THAPLIYAL
Signing Date:07.05.2026
10:58:53

by the applicant on the basis of fake and fictitious documents and earlier when
the applicant had joined the investigation, he had, though, provided his laptop
and SIM card but during the analysis of electronic data, it came to fore that the
applicant had received 6,984 UDST (in the shape of crypto-currency) from
October 2024 to March 2025.
6. According to learned SPP for CBI, when certain chats were scrutinized,
it was suspected that some of the handlers and perpetrators of the crime were
settled in China as there is communication between them and the applicant.
It is contended that applicant has, deliberately, not produced his actual mobile
handsets so far, and it is suspected that he has deliberately destroyed the same,
which fact has, however, been disputed by the learned counsel for the
applicant. As per CBI, his custodial interrogation would be imperative to
properly scrutinize his involvement and to unearth the conspiracy and source
of crypto-currency.
7. Undoubtedly, when the application seeking anticipatory bail was
earlier filed before the learned Court of Sessions, the applicant was granted
some interim protection but fact remains that, eventually, his such application
was dismissed by the learned Court of Sessions on 14.07.2025.
8. According to the report submitted by the prosecution, there are some
material facts which substantiate his complicity in the matter. The relevant
portions of such report are read as under. The mobile and IMEI details have,
however, been marked:-
“I) That scrutiny of access logs, including IP addresses and corresponding
timestamps, pertaining to the said Bank of Maharashtra account revealed
that the account was accessed through multiple IP addresses. These
included IP addresses associated with Excitel Broadband services in
Lucknow as well as several foreign IP addresses. The Excitel IP addresses
Signature Not Verified
BAIL APPLN. 2743/2025 3

Signed By:SONIA
THAPLIYAL
Signing Date:07.05.2026
10:58:53

in question were geo-located to the residential premises of the accused, i.e.,
22, Suraj Palli Gauri, Sarojini Nagar, Lucknow, Uttar Pradesh.
II) That examination of Call Detail Records (CDRs) relating to mobile
number +91 87265xxxxx, which is linked to the aforementioned Bank of
Maharashtra account, revealed that this number was actively used on
multiple International Mobile Equipment Identity (IMEI ) numbers,
specifically 8600350748xxxxx & 8600350748xxxxx.
III) That a PAN-India IMEI scan of the above-mentioned IMEIs disclosed
that the accused, Akash Kumar, had used his own mobile number +91
80548xxxxx on the same IMEI numbers during the relevant period, thereby
establishing a technological and physical nexus between the accused and
the instrument used for accessing the suspect account.
IV) That during the period from 26.11.2024 to 30.11.2024, a total amount of
approximately 2.77 Crores was credited into the FIR-mentioned Bank of
Maharashtra account held in the name of Falcon Resealing Enterprises,
through multiple transactions. Thereafter, the credited amount was further
disbursed to various other bank accounts, indicating layered fund transfers.
V) That further analysis of the CDRs pertaining to mobile numbers +91
87265xxxxx (linked to the Falcon Resealing Enterprises account) and +91
80548xxxxx (used by the accused Akash Kumar) indicates that both
numbers travelled to Delhi during the aforementioned period. It is
significant to note that on 30.11.2024, the mobile number +91 80548xxxxx
of Akash Kumar was actively operating on IMEI 860035074xxxxx, while
concurrently, mobile number 87265xxxxx —linked to the Falcon account
was also active, thereby corroborating the presence and involvement of the
accused.
VI) On 20.06.2025, telegram account of accused Akash Kumar was
recovered wherein details of Falcon resealing Account along with several
other bank accounts was being shared, thereby, corroborating the presence
and involvement of the accused.”

9. Learned counsel for the applicant, while refuting the aforesaid
submissions, contends that the entire case of the prosecution relies on the fact
that the mobile number of the applicant was active on a device that had
previously hosted a SIM card, directly linked to one of the bank accounts used
in the alleged fraudulent transaction but fact remains that there is no evidence
that the applicant benefitted from such invested money. He submits that the
Signature Not Verified
BAIL APPLN. 2743/2025 4

Signed By:SONIA
THAPLIYAL
Signing Date:07.05.2026
10:58:53

applicant has been roped in the present case solely by the virtue of IMEIs used
by him which was found to be connected with the mobile number related with
the alleged bank. He supplements that the applicant herein has rendered his
full cooperation in the ongoing investigation and, therefore, relying upon
State of Rajasthan v. Balchand : (1977) 4 SCC 308, he submits that the
applicant deserves anticipatory bail.
10. I have heard the rival contentions and carefully perused the record.
11. Needless to emphasize that such cases, pertaining to cyber-crime, are
on rise and in the name of investment, unsuspecting and unwary customers
are being cheated. The offence in question is an organized crime and is in the
nature of economic offence, having massive societal impact. Reference be
also made to State (Represented by CBI) v. Anil Sharma : (1997) 7 SCC 187,
wherein the Hon’ble Supreme Court observed that custodial interrogation of
the applicant is qualitatively more elicitation oriented than questioning a
suspect who is well ensconced with a favourable order and well-protected and
insulted by a pre-arrest bail and, therefore, such person can afford to elude
investigating agency. While the liberty of an individual is sacrosanct but the
Courts must strike balance between right of an individual to personal freedom
envisaged under Article 21 of Constitution of India and right of the
Investigating Agency to interrogate the accused as regards the material
collected and to obtain information which could unearth recovery of further
information leading to unravelling of the truth and, therefore, it would not be
possible for the Investigating Agency to effectively interrogate the accused, in
the larger interest of the economy and society, if they already have pre-arrest
protection in their pocket. Reference be made to P. Chidambaram vs
Directorate of Enforcement: (2019) 9 SCC 24.
Signature Not Verified
BAIL APPLN. 2743/2025 5

Signed By:SONIA
THAPLIYAL
Signing Date:07.05.2026
10:58:53

12. Keeping in mind the gravity and seriousness of the matter, particularly,
the fact that as per the investigation done so far, the applicant has, as alleged,
some connections abroad and has also received crypto-currency in his
account, this Court does not find any compelling reason to enlarge him on
anticipatory bail. His custodial interrogation seems essential to reach the truth
and to unearth the conspiracy.
13. The application stands dismissed.
14. Pending applications also stand disposed of in aforesaid terms.


(MANOJ JAIN)
JUDGE
MAY 4, 2026/st/sa
Signature Not Verified
BAIL APPLN. 2743/2025 6

Signed By:SONIA
THAPLIYAL
Signing Date:07.05.2026
10:58:53