IN THE HIGH COURT OF DELHI AT NEW DELHI
KOMAL KUMAR – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
BAIL APPLN.-5013/2025
$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02.02.2026 + BAIL APPLN. 5013/2025 KOMAL KUMAR .....Petitioner Through: Mr. N. Hariharan, Sr. Adv.
with Mr. Siddharth Yadav, Mr. Rahul Sambher, Mr. Ayush Kr. Singh, Ms. Kashish Ahuja, Ms. Rekha Punya Angara, Mr. Arjan Mandla, Mr. Aman Akhtar, Ms. Sana singh, Ms. Vasundhra N and Ms.
Vasundhra Raj Tyagi, Advs.
versus CENTRAL BUREAU OF INVESTIGATION .....Respondent Through: Ms. Rajni Gupta, SPP for CBI with Mr. Shivender Gupta, Adv.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
DR. SWARANA KANTA SHARMA, J. (Oral
1. By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. RC221/2025/E0006 registered at Police Station EO-III, Delhi, for the commission of offence punishable under Section 61(2)/308/318(4)/319(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter „BNS‟) and Section 66C/66D/66 read with Section 43 of the Information Technology Act, 2000 (hereinafter „IT Act‟).
2. The brief facts of the present case are that a regular case was registered on the basis of reliable source information indicating that a group of individuals based in India, primarily operating from Delhi, and certain other locations, was running a sophisticated cyber- enabled fraud scheme targeting victims in Japan. The perpetrators were involved in technical support scams, wherein fake virus alerts and phishing prompts were displayed on the computer screens of unsuspecting users. These pop-ups, hosted on malicious URLs that largely used Microsoft Azure servers, were designed to create panic by falsely warning users that their systems were infected with viruses. The victims were then instructed to contact a specified phone number displayed on the screen. Upon establishing contact, the operatives, while impersonating representatives of reputed entities such as Microsoft or Apple, induced the victims to install remote access software. By doing so, the accused persons gained unauthorized control over the victims‟ computers and access to sensitive financial information, which was subsequently used to defraud them. Four such Japanese victims specified in the FIR were Sakai Takaharu, Koji Suzuki, Masashi Matsui, and Shinagawa Ku.
3. Pursuant to the registration of the FIR, searches were conducted at various locations. On 28.05.2025, co-accused Rohit Maurya, who was involved in creating fraudulent pop-ups, and co- accused Kapil Gakhar, who had received Bitcoin from the Binance account of the Japanese victim Sakai Takaharu, were arrested. On
29.05.2025, co-accused Shubham Jaiswal, Vivek Raj, and Adarsh Kumar, who were working as fraud callers/technical salespersons at a call centre operating under the name “Tekku Samurai” in Varanasi, were arrested. At the time of their arrest, they were found allegedly in possession of several incriminating devices.
4. During the investigation, the co-accused Shubham Jaiswal, Vivek Raj, and Adarsh Kumar disclosed that they were working in a call center named Tekku Samurai at Varanasi, and they led the CBI to the location of the call centre where it was operating. Further, when the search of the premises of the said call centre was carried out, mobile phones and computer systems were recovered containing fake identity cards impersonating Microsoft employees, images of Japanese victims sharing their confidential banking details, information relating to gift cards, logs of applications used for cheating Japanese victims, and other incriminating digital material. The investigation further revealed that Komal Kumar (the present applicant/accused), along with one Amit Singh Bhadoria, is the joint owner/partner of the said call centre. The applicant was arrested on 20.07.2025, whereas the other partner, Amit Singh Bhadoria, is still absconding, and the supplementary charge sheet against the applicant/accused and the partnership firm was filed on 17.09.2025.
5. The learned senior counsel appearing for the present acc
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