$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28^th February, 2025 + BAIL APPLN. 4548/2024 NIRMAL KUMAR MISHRA .....Petitioner Through: Mr. Praveen Mishra, Mr. D.K.

Pathak, Mr. Sanjay Kustwar, Mr. Arun Kumar, Mr. Sanat Pandey and Mr. Nishchal Kumar, Advocates versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP for the State SI Pradeep, PS Cyber Northwest %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J (ORAL)

1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 („BNSS‟) seeking anticipatory bail in FIR No. 041/2024 dated 08.06.2024 registered under section 420 of the Indian Penal Code, 1860 („IPC‟) at P.S. Cyber Police Station, North West Delhi.

1.1. The relevant facts, as per the Status Report dated 11.01.2025, are as follows: The subject FIR was registered on the basis of a complaint lodged by one Ms. Shilpa Sharma on the National Cyber Crime Reporting Portal (NCRP) on 06.06.2024, alleging cyber fraud. The complainant stated that Signature Not Verified Digitally Signed By:HEMANT BAIL APPLN. 4548/2024 Page 1 of 13 she was deceived into transferring a sum of Rs. 17,07,389/- under the false pretext of Bitcoin investment, which was promised to yield high returns.

1.2. It is stated that the complainant was allegedly enticed into the fraudulent scheme via a WhatsApp group and was subsequently added to a Telegram group. Between 31.05.2024 and 05.06.2024, she transferred the said amount in nine transactions to seven different bank accounts.

1.3. It is stated that investigation revealed that Rs. 80,000/- out of the defrauded amount was transferred to a Current Account No. 12666470000016 maintained with YES Bank („suspect Yes Bank account‟). Upon inquiry, it was found that the said account was registered in the name of M/s Innovate Hub Multi Solutions Pvt. Ltd., whose proprietor was identified as co-accused Umesh Kumar Mishra („Umesh‟).

1.4. It is stated that during interrogation, co-accused Umesh disclosed that he had handed over the said bank account to Nirmal Kumar Mishra („Applicant‟), for a commission of 2.5%. Further, it was revealed that the Applicant had provided a sum of Rs. 2,00,000/- to co-accused Umesh for opening the said suspect Yes Bank account and had accompanied the co- accused Umesh for opening the said suspect Yes Bank account. This amount was allegedly transferred from the Applicant‟s IDFC Bank account No. 10142867397 to the IDFC Bank account No. 10168792160 of co-accused Umesh.

1.5. It is stated that co-accused Umesh disclosed that on 28.05.2024 he had handed over ATM card, user ID and password required for internet login, a blank cheque and a SIM card (mobile number 9760792586) linked to the suspect Yes Bank account to the Applicant for operation of the said Signature Not Verified Digitally Signed By:HEMANT BAIL APPLN. 4548/2024 Page 2 of 13 account. It is stated that the SIM card was activated on 28.05.2024 in the handset of suspect Ramesh Kumar Mishra („Ramesh‟; brother-in-law of the Applicant).

1.6. It is stated that investigation revealed that in addition to Rs. 80,000/- belonging to complainant/Shilpa which was credited to this suspect Yes Bank account on 31.05.2024, in all an amount of Rs. 1,92,00,000/- were credited to this suspect Yes Bank account from various other bank accounts; and there were 58 cyber fraud complaints received by NCRP, which led to the freezing of this account.

1.7. It is stated that examination of the money trail shows that the entire crime proceed was transferred by the Applicant to approximately 50 mule accounts (layer-2 accounts). It is stated that from these layer-2 accounts withdrawal was made through ATM or self-cheque. It is stated that some amount was further transferred in layer-3 accounts. The money trail from suspect Yes Bank account to layer-2 bank accounts through 18 transactions has been set out in the Status Report.

1.8. The CDR conn