Delhi High Court

Individual settlement cannot justify anticipatory bail where multiple cybercrime complaints involve linked bank accounts.

Suman Lata Sharma vs State (Govt Of Nct Of Delhi)

Delhi High CourtJUDGMENT: April 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants sought anticipatory bail regarding FIR No. 39/2025, registered under Sections 308, 318(4), 319, and 340 of the Bharatiya Nyaya Sanhita (BNS), 2023.

Source reference: para. 1

The complainant alleged he was induced by a fraudulent Instagram profile to participate in online gaming via a website named “Sugo,” resulting in a loss of ₹1,92,600/-.

Source reference: para. 3

Investigation revealed that ₹54,000/- of the cheated amount was routed to a bank account belonging to "Manu Dream Hub Private Limited," a company where the applicants are proprietors.

Source reference: para. 4

While the applicants claimed the money was received due to a "technical glitch" and that they had settled the matter with the complainant, the State opposed the bail, citing 33 similar complaints registered against the applicants’ linked bank accounts on the Samanvya Portal.

Source reference: paras. 5, 6, 10
02

Issues

1. Whether the applicants are entitled to the grant of anticipatory bail despite the discovery of multiple cyber fraud complaints against their company's bank accounts.

Source reference: paras. 12, 14

2. Whether a settlement with a single complainant and a plea of "technical glitch" are sufficient to warrant discretionary relief in an investigation involving an organized cybercrime racket.

Source reference: paras. 12-13
03

Law Applied

The Court applied the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Section 318(4) regarding cheating.

Source reference: para. 1

It further considered the procedural requirements under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, relating to the duty of the accused to join the investigation.

Source reference: para. 6

The Court relied on established principles governing anticipatory bail, which require an assessment of the nature and gravity of the accusation, the possibility of the applicant fleeing from justice, and the necessity of custodial interrogation for effective investigation and recovery of cheated property.

Source reference: paras. 6, 14
04

Reasoning

The Court observed that the money trail directly linked the cheated funds to the applicants' company, Manu Dream Hub Private Limited.

Source reference: para. 9

It rejected the applicants' "technical glitch" defense as unsubstantiated and implausible, given that the Samanvya Portal revealed 13, 18, and 2 complaints respectively against three bank accounts linked to the applicants' PAN.

Source reference: paras. 10, 11, 13

The Court held that a settlement with the present complainant is of no consequence when the investigation suggests an organized cybercrime racket affecting multiple victims.

Source reference: para. 12

Furthermore, the Court noted the applicants’ failure to join the investigation despite receiving notices under Section 35(3) of the BNSS, concluding that custodial interrogation is essential to uncover the full extent of the fraud and effect recovery.

Source reference: paras. 6, 14
05

Holding

The Court answered both issues in the negative, holding that the gravity of the allegations and the evidence of systemic fraud precluded the grant of discretionary relief.

The applications for anticipatory bail were dismissed.

Source reference: para. 15

The Court directed that the custodial interrogation of the applicants was necessary for an effective investigation.

Source reference: para. 6
Delhi High Court

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Suman Lata SharmavsState (Govt Of Nct Of Delhi)

Delhi High Court · April 01, 2026

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