Mr. Deepka Kumar Singh and Mr. Rakesh Kumar Singh, Advs v. STATE OF GNCT OF DELHI

Judgment

1. The present application is filed seeking pre-arrest bail in FIR No. 74/2024 (hereafter ‘the FIR’) dated 14.11.2024, registered at Police Station Cyber Police Station South East, for offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’).

The FIR was registered on a complaint given by the Authorized Representative of company namely M/S Starcon Infra Projects India Pvt Ltd. It is the case of the prosecution that the complainant was defrauded by one person impersonating himself as one of the Directors of the complainant company– being ‘Amit Lakhan Pal’. It is alleged that the impersonator introduced himself as one of the Directors of the complainant company through WhatsApp and lured the complainant into transferring a sum of ₹20,00,000/-. BAIL APPLN. 1144/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/04/2025 at 14:35:13

3. During the course of investigation, it was found that the amount was transferred into the bank account operated by the applicant and the amount has further been transferred into three different accounts.

4. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He submits that the applicant was cheated by one of his known persons, who in the name of returning the loan amount of ₹2,00,000/- borrowed from the applicant’s sister-in-law, had obtained the details of the applicant’s bank account.

5. He submits that the applicant had provided the bank account details along with the passwords in order to facilitate the deposit of ₹2,00,000/- whereas the said person appears to have got the entire cheated amount deposited into the applicant’s bank account.

6. Per contra, the learned Additional Public Prosecutor for the State vehemently opposes the grant of any relief to the applicant. He submits that the applicant is the beneficiary of the cheated amount for a sum of ₹20,00,000/-. He submits that during the course of investigation, it was also found that a sum of ₹5 crores had been deposited in the account of the applicant on a single day. He submits that the investigation is at the nascent stage, and prays that the present application be dismissed.

7. Status Report has been handed over today and is taken on record.

8. It is to be kept in mind that the investigation is currently at a nascent stage. The considerations governing the grant of pre- arrest bail are materially different than those to be considered while adjudicating application for grant of regular bail, as in the BAIL APPLN. 1144/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/04/2025 at 14:35:13 latter case, the accused is already under arrest and substantial investigation is carried out by the investigating agency.

9. It is trite law that the power to grant a pre-arrest bail under Section 438 of the CrPC is extraordinary in nature and is to be exercised sparingly. Thus, pre-arrest bail cannot be granted in a routine manner. The Hon’ble Apex Court, in the case of State of A.P. v. Bimal Krishna Kundu : (1997) 8 SCC 104, held as under: