IN THE HIGH COURT OF DELHI AT NEW DELHI
RITU GUPTA – Appellant
Versus
STATE (NCT OF DELHI – Respondent
BAIL APPLN.-1044/2026
$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16.03.2026 + BAIL APPLN. 1044/2026 & CRL.M.A. 7888/2026 RITU GUPTA .....Petitioner Through: Mr. Ankit Gupta, Utkarsh Tiwari, Mr.
Akash Gupta and Mr. Alok Kumar, Advocates.
versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Amit Ahlawat, APP for the State with SI Tilak Raj.
CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 152/2025 of Police Station Special Cell for offence under Section 308/318(4)/319 of BNS.
2. I have heard learned counsel for accused/applicant and learned APP for the State assisted by IO/SI Tilak Raj.
3. Broadly speaking, the prosecution case is that the accused/applicant, along with two co-accused persons, namely, Shiv Shankar and Banwari Lal committed cyber fraud by carrying out digital arrest of the complainant de facto, who is an old aged lady. The FIR was registered online, after which D Si i g gi n ta a l t l u y r S e i g N n o ed t Verified G KA IR T I H SH P ALIA DD26Cps9cD e n .9 9 oO iN a 5 r g = a 6 s t i . U :4 a i e f t bG tc 3 aR l . : a 4 2 N = I 9 l 2 T R l C 0 0I 6 u 0 y I N f oO = S 2 m 2 8 s, d H 8cF 6 0 io be g 46 . c D K = 0 =e 0f n b b A3 E H r 1 1 e d= 4 . L T d 1 1 Id 2 G H8 d H 0 d 6 e b 3 3 H I0 P 8 e , 1 5 y C e0 A 8 e 7 C d 8 I3 G 9 6L D : O 4 6 4 , b I0 I A 3 7 R s 4 U - 2 4 t 5 9 I : 7 R = 7 0 4 S f 6 0 H a 2 T 3 9 D4 4 7 c 7 O - e5 K 7 4 7 0 6 l1 AF 6 8 h b 7 2 e 3 7 T i ' 26 D 0 ,c 8 9 H fc 4 E 0 6 , 6 a P 5 L ' 5c 5 AH c fc f0 LI a , 87 I , A e 0b o4 15 ua ed =f 2 e 1 H 6 c 5 I f 4G 5a 5 7, H 5 0 the complainant de facto, submitted a detailed complaint, stating that on 30.11.2025 she received a phone call in which the caller introduced herself as Inspector Anita Verma from Delhi Police Headquarters and stated that husband of the complainant de facto, was involved in terrorist activities, so a case had been registered against them; that the phone call was transferred to another person who introduced himself as Senior Inspector and he directed that the complainant de facto and her husband have to appear before him; that on being apprised of their old age and medical ailments, they were directed to contact ATS, Pune; that thereafter they received phone call from Inspector Prem Dev, who connected her phone with one Sadanand, Chief ATS; that all of them threatened that a case had been registered in Jammu & Kashmir in connection with their terrorist activities and even showed their arrest warrants and instructed her not to inform anyone and stay at home and report to him every hour; that on 01.12.2025, after ascertaining all assets and liabilities of the complainant de facto and her husband including his retirement benefits, the complainant de facto and her husband were directed to transfer various amounts through RTGS and total amount of Rs. 94,50,000/- was transferred by them to specific bank accounts under fear of being implicated in terrorism related case.
4. Learned counsel for accused/applicant does not dispute that a sum of Rs. 40,00,000/- was credited in the bank account of the accused/applicant, but claims that the accused/applicant herself is a victim of cheating. Learned counsel for accused/applicant submits that co-accused Shiv Shankar and Banwari Lal contacted the accused/applicant with the assurance to invest D Si i g gi n ta a l t l u y r S e i g N n o ed t Verified G KA IR T I H SH P ALIA DD2cops51D e 4. 5e uo iN a 5 r g 5 27 =s t i .:4 a i 5 e t 6 0 t H c al . : 6 a f9 2 N = l a I 2 9 l C 9 G 0I , u 0 y a N 6 o = H c m 2 f b s n , d 83 6 i C o 4b = e g 49 . = 0 0 O=e 06 G n 3 f H r 12 1U e 8I = .R dc 1 1 Id 0 R G d I 6 0 d 6 Sc T b 3 H f 0 b 8 H b 1 y O e0 8 d 7 C 4 8 K 3 G F 9 2 : 8 O 6 4A , b I e D3 7 R s 4 U T 2 e 5 tE 9 I :H R = 7 3 S e dL 6 H a 6 T 2P D 4H 4 7 0 A 3 O - e5 I K 7 4 0 , L 5 lC 1 AF h b 0 7I f e I A T 9 i 2 ' 2 D D 0 ,c H 7 c f 4 E 0 6 - 4 6 P 5 L ' 5 7 8 2 AH c f 0 7 6 0 LI 4 9 c , 7 I A a7 6 e b c6 4 5 5 c3 a fd af
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