Kamlesh Kumar Sharma vs State Of NCT Of Delhi

The accused/applicant seeks anticipatory bail in case FIR No. 116/2025 of PS Cyber Police for offence under Section 318(4)/319/3(5) of BNS.

Broadly speaking, the prosecution allegation is that the accused/applicant is a part of an investment fraud scam in which the complainant de facto was trapped through an advertisement link on Facebook. It is alleged that the complainant de facto was induced into investing substantial amount of money on the assurance of high returns and when the amount to his credit became Rs. 20,00,000/-, a part of the same was invested by the accused persons in an IPO and they directed the complainant de facto to pay the balance amount of Rs. 15,00,000/- otherwise there would be legal action against him.

Learned counsel for accused/applicant submits that he is innocent and has been falsely implicated in this case without any legal evidence.

Learned APP for State assisted by IO/SI Jaibir Singh accepts notice.

A specific query is raised as to what is the exact role played by the present accused/applicant in the alleged scam. The IO responds that he is yet to ascertain the role played by the accused/applicant. Also, it is admitted by him that presently there is no evidence available against the accused/applicant and it is explained by him that he is carrying out investigation in this regard.

After part arguments, learned APP for State on assurance of the IO submits that if the accused/applicant has to be arrested after collection of sufficient evidence, the IO would issue him a prior notice so that he may file a fresh application for anticipatory bail and in the meanwhile, he may be directed to join investigation.

In view of above circumstances, the present anticipatory bail application and the accompanying application are disposed of directing the accused/applicant to join the investigation by reporting before the IO at 04:00 pm on 17.08.2026 in the office of Special Staff, Delhi Police and thereafter to join the investigation as and when called in writing by the IO; and further directing that in case the accused/applicant has to be arrested after collection of sufficient evidence, a prior notice of two weeks shall be issued to him by the IO so that the accused/applicant may avail appropriate legal remedy.

GIRISH KATHPALIA