Shahrukh v. The State NCT Of Delhi And ANR
$~94 &100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1031/2026 & CRL.M.A. 7846/2026 NAIM .....Petitioner Through:
Mr. Charul Chaudhary, Advocate versus THE STATE NCT OF DELHI AND ANR .....Respondent Through:
Mr. Ritiesh Kumar Bahari, APP for State/R-1 Mr. Prateek Sharma, Advocate for complainant/R-2 along with R-2 in person SI Opender Singh, PS Cyber South-West BAIL APPLN. 1002/2026 & CRL.M.A. 7609/2026 SHAHRUKH .....Petitioner Through:
Mr. Charul Chaudhary, Advocate versus THE STATE NCT OF DELHI AND ANR .....Respondent Through:
Mr. Ritiesh Kumar Bahari, APP for State/R-1 Mr. Prateek Sharma, Advocate for complainant/R-2 along with R-2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 16.03.2026 BAIL APPLN. 1031/2026 & BAIL APPLN. 1002/2026 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
1.
Applicant-Naim (BAIL APPLN. 1031/2026) seeks bail in case FIR No. 0055/2025 dated 30.07.2025, registered at Cyber Police Station for commission of offences under Sections 318(4)/319(2)/61(2) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 420/419/120-B IPC). 2.
His co-accused Shahrukh has also filed similar application which is listed on 02.04.2026. However, since both the applicants are represented by Mr. Charul Chaudhary, Advocate, and since the learned counsel for complainant is also present, on the basis of verbal request BAIL APPLN. 1002/2026 filed by applicant Shahrukh has also been taken up today. 3.
Complaint in question was filed by Mr. Jitendra Nath Prasad, who claimed that on the basis of cyber fraud and cheating, he was made to part with total sum of Rs. 3.95 lacs by way of two different transactions. 4.
On the basis of the investigation made by the police, aforesaid accused were arrested.
5.
During investigation, police was also able to recover part of the cheated amount of Rs. 1,48,000/- and such amount has already been released to the complainant as per order of the learned Trial Court passed on 24.02.2026. 6.
During course of the consideration, learned counsel for applicants has produced two Demand Drafts in favour of the complainant. Each draft is of Rs. 1,23,500/-. He submits that applicants, with utmost bonafide intention and without prejudice to their rights and contentions, have made up the entire loss in question and, therefore, bail may be granted to both the applicants who are in custody since September, 2025.
7.
Complainant is present with his son and both the drafts have been handed over to them and complainant has no objection to grant of bail. 8.
Learned counsel for complainant, who has joined the proceedings BAIL APPLN. 1031/2026 & BAIL APPLN. 1002/2026 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
through videoconferencing, also reiterates the same. 9.
Investigation is already over.
10.
Charge-sheet has, though, been filed, charges are yet to be ascertained. 11.
Keeping in mind the overall facts and circumstances of the case, previous clean antecedents of the applicants and the fact that entire loss has been made up albeit without making any observation over the merits of the case, both the applicants are directed to be released on bail on their furnishing personal bond and surety bond in a sum of Rs. 25,000/- each subject to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class. Surety would be local and address of proposed surety would be got verified, before the acceptance of bonds. 12.
Date already fixed in Bail Application No. 1002/2026 i.e. date of 02.04.2026 stands cancelled.
13.
Both the aforesaid bail application along with pending applications stand disposed of in aforesaid terms.
MANOJ JAIN, J MARCH 16, 2026/dr/pb BAIL APPLN. 1031/2026 & BAIL APPLN. 1002/2026 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.