Vipin vs State (NCT Of Delhi)

The accused/applicant seeks anticipatory bail in case FIR No. 24/2026 of PS Cyber, North-West for offence under Section 317(2)/317(5)/61(2) /49/112 BNS.

After last date, status report on behalf of State was filed. I have heard learned counsel for accused/applicant and learned APP for State assisted by Investigating Officer/SI Shubham.

Broadly speaking, the prosecution case is that on the basis of secret information, it was found that bank account held by co-accused Karan was being used as a mule account for receiving proceeds of cyber frauds, committed across the country. In the course of investigation, Karan alleged that he had provided his bank account credentials to the present accused/applicant and that Karan used to withdraw the amount and hand over the cash to the present accused/applicant after retaining 2% commission.

Learned counsel for accused/applicant submits that there is no legally admissible evidence against the accused/applicant, connecting him with the alleged offence.

Learned APP for State, assisted by Investigating Officer, submits that apart from disclosure statement of co-accused Karan, there are also WhatsApp chats between Karan and the present accused/applicant, which establish criminality. Apart from those WhatsApp chats, there is no other legally admissible evidence against the present accused/applicant, as per learned APP.

On last date also, similar arguments were advanced and prosecution was granted opportunity to file status report. The status report has been filed, but not those allegedly incriminating chats.

On being directed, the Investigating Officer has read over from his record, the allegedly incriminating chats. According to the Investigating Officer, there are only two such chats, texted by the present accused/applicant. In one such text chat, the present accused/applicant writes “Bhai Rs.200 le i hun yaar”, and in the other text chat, the present accused/applicant writes “nikalwa lena aaj 11:12 baje tak dena hai”.

According to prosecution, there is no other evidence against the present accused/applicant. It is also admitted that the co-accused Karan as well as Raja have already been granted bail.

Considering the above circumstances, I find no reason to deprive the accused/applicant liberty.

The application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail, subject to his furnishing a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. However, the accused/applicant shall join investigation as and when directed in writing by the Investigating Officer.