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Delhi High Court
Atul Tiwari vs State (Govt. Of Nct Of Delhi) on 1 April, 2026
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.04.2026
+ BAIL APPLN. 259/2025 & CRL.M.A. 1811/2025
ATUL TIWARI .....Petitioner
Through: Mr. Anubhav Lamba, proxy Counsel.
versus
STATE (GOVT. OF NCT OF DELHI) .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Raj Kumar, PS Cyber Crime.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No. 46/2024
of PS Cyber Police Station (South) for offence under Section 420 IPC.
1.1 This bail application came up for the first hearing on 22.01.2025
before the predecessor bench and thereafter continued getting adjourned
before different benches. Along with 179 such old pending bail applications,
this application also was transferred to this bench.
1.2 Today is the first hearing before me.
2. Initially, at the time of starting the Court, Mr. Anubhav Lamba, proxy
counsel for the accused/applicant requested for adjournment on the ground
BAIL APPLN. 259/2025 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.04.01 17:33:25 -07'00'
By:RAHUL YADAV
Signing Date:01.04.2026
17:59:56
that the main counsel Mr. Pulkit Aggarwal is ill. The adjournment request
was declined on account of old pendency and it was made clear that the
matter would be taken up at its turn.
3. Now, once again learned counsel for accused/applicant seeks
adjournment on the same ground. But Mr. Pulkit Aggarwal, Advocate, is not
the counsel in this case. The vakalatnama bears names of Mr. Utkarsh Singh
and Mr. T.P. Singh, Advocates, neither of whom have appeared. It seems
that having obtained interim protection from arrest, the accused/applicant
wants to drag the proceedings. Therefore the adjournment request is
declined and learned counsel is requested to address arguments. But learned
counsel for accused/applicant submits that he is not aware about the matter.
Such conduct on the part of the counsel is not acceptable. It is on account of
such conducts that such bail applications remain pending for such long time.
There is not even a whiff of explanation as to why neither of the counsel
who filed this anticipatory bail application has appeared. And adjournment
is being sought on behalf of an advocate, who is not counsel in this case.
4. Under these circumstances, I have heard learned APP for State
assisted by IO/SI Raj Kumar.
5. Broadly speaking, the prosecution case against the accused/applicant
is that he is actively involved in a cyber fraud in the present case. It is
alleged that a Whatsapp group was created by the co-accused and certain
individuals were invited to join the same with the offer of payment of
remuneration of Rs. 50/- per review. The complainant de facto joined the
BAIL APPLN. 259/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
Digitally Signed cn=GIRISH KATHPALIA
Date: 2026.04.01 17:33:15 -07'00'
By:RAHUL YADAV
Signing Date:01.04.2026
17:59:56
group and was initially paid a sum of Rs. 2000/- for the assigned task.
Thereafter the complainant de facto was induced to join another group on
the Telegram App where he was made to deposit Rs.3,51,470/- in the name
of online prepaid tasks by some unknown telegram users. In the course of
investigation, four bank accounts were traced out as beneficiaries and those
accounts were in the name of a proprietorship concern of co-accused Golu.
In the course of further investigation, Golu revealed that he had opened the
bank accounts with Punjab National Bank and State Bank of India and had
handed over complete bank account kits to the present accused/applicant in
lieu of cash Rs.30,000/- per account. Further, according to investigation,
transactions of money more than Rs.88,00,000/- in PNB and more than
Rs.40,00,000/- in SBI accounts took place within a period of day or two.
7. Learned APP for State submits that it is not a case of mere disclosure
statement of Golu against the present accused/applicant. There is also an
incriminating evidence against the accused/applicant in the form of receipt
of money from Golu as well as an unusual number of 767 phone calls
between the accused/applicant and Golu during a period of almost four
months. In addition, learned APP for State also submits that there are two
more cases of similar nature against the accused/applicant and that there are
46 cyber complaints pertaining to the PNB account and 96 such complaints
against SBI account.
8. Keeping in mind the nature of offence alleged against the
accused/applicant coupled with pendency of investigation and adverse
antecedents, request of the IO for custodial interrogation of the
BAIL APPLN. 259/2025 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.04.01 17:33:04 -07'00'
By:RAHUL YADAV
Signing Date:01.04.2026
17:59:56
accused/applicant in order to unearth the expanse of the said cyber frauds
does not appear unjustified.
9. In view of the aforesaid, I do not find it a fit case to grant anticipatory
bail. Therefore, the anticipatory bail application is dismissed.
10. The accused/applicant is directed to surrender before the IO by
05:00pm tomorrow (02.04.2026).
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.01 17:32:53 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 1, 2026/as
BAIL APPLN. 259/2025 Page 4 of 4 pages
