BAIL APPLN. 1484/2023 & connected matters Page 1 of 8

$~

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 19.09.2023

Pronounced on: 26.09.2023

+

BAIL APPLN. 1484/2023, CRL.M.(BAIL) 635/2023

SULAV ADHIKARI

..... Petitioner

Through:

Mr. Anish Shrestha, Mr. Brij

Ballash Tiwari and Mr. S.N.

Gautam, Advocates along with

applicant.

versus

STATE OF GOVT OF NCT DELHI & ANR. ..... Respondents

Through:

Mr. Naresh Kumar Chahar,

APP for the State with SI

Thakur Singh, P.S. Cyber West

District Delhi.

Mr.

Sudhir

Kumar,

Mr.

Manish Kumar, Ms. Sonam,

Ms. Swati and Mr. Shubham

Tyagi,

Advocates

for

complainant/R-2.

+

BAIL APPLN. 1485/2023, CRL.M.(BAIL) 636/2023

SUSAN ADHIKARI

..... Petitioner

Through:

Mr. Anish Shrestha, Mr. Brij

Ballash Tiwari and Mr. S.N.

Gautam, Advocates along with

applicant.

versus

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:26.09.2023

19:07:02

Signature Not Verified

BAIL APPLN. 1484/2023 & connected matters Page 2 of 8

THE STATE GOVT OF NCT DELHI & ANR. ...Respondents

Through:

Mr. Naresh Kumar Chahar,

APP for the State with SI

Thakur Singh, P.S. Cyber West

District Delhi.

Mr.

Sudhir

Kumar,

Mr.

Manish Kumar, Ms. Sonam,

Ms. Swati and Mr. Shubham

Tyagi,

Advocates

for

complainant/R-2.

+

BAIL APPLN. 1515/2023, CRL.M.(BAIL) 645/2023

ADITYA RAJ VERMA

..... Petitioner

Through:

Mr. Anish Shrestha, Mr. Brij

Ballash Tiwari and Mr. S.N.

Gautam, Advocates along with

applicant.

versus

THE STATE GOVT OF NCT DELHI & ANR. ...Respondents

Through:

Mr. Naresh Kumar Chahar,

APP for the State with SI

Thakur Singh, P.S. Cyber West

District Delhi.

Mr.

Sudhir

Kumar,

Mr.

Manish Kumar, Ms. Sonam,

Ms. Swati and Mr. Shubham

Tyagi,

Advocates

for

complainant/R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:26.09.2023

19:07:02

Signature Not Verified

BAIL APPLN. 1484/2023 & connected matters Page 3 of 8

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present applications have been filed under Section 438

of Code of Criminal Procedure, 1973 (‘Cr.P.C’) on behalf of

applicants seeking anticipatory bail in the case arising out of FIR

bearing no. 15/2023, registered at Police Station Cyber (West),

Delhi for offence punishable under Section 420 of Indian Penal

Code, 1860 (‘IPC’).

2.

Briefly stated the facts of the present case are that the

present FIR was registered on the complaint of complainant

Manish Meena against the present petitioners for committing the

offence of cheating by way of advertising and selling of banned

product Pink Flamingo Neimo 2.0 through facebook. It was

alleged that on 03.03.2023 when complainant was out of Delhi, a

courier was received in his name, while he had placed no such

order. However, one of his office staff members had received the

courier and had paid a sum of Rs.4,000/-. It was alleged by the

complainant that the payment was made by Amarjeet Kaur from

her account, who is an employee of complainant. The complainant

had reported the same at the office of Blue Dart where he was

informed that the order was delivered by Nimbus India and the

refund for the delivery was made to the complainant from Paytm

mobile number registered in the name of applicant/accused, Sulav

Adhikari. On the next day, when office staff of the complainant

had contacted Blue Dart, they had received another call asking for

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:26.09.2023

19:07:02

Signature Not Verified

BAIL APPLN. 1484/2023 & connected matters Page 4 of 8

an OTP, and they were informed that the money of complainant

will be received within 24 hours. Thereafter, the complainant had

received his mone