[Cites 0, Cited by 0]
Delhi High Court
Ritu Gupta vs State (Nct Of Delhi on 16 March, 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
BAIL APPLN. 1044/2026 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.16 17:44:43 -07'00'
By:DIKSHA RAWAT
Signing Date:16.03.2026
17:46:38
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
BAIL APPLN. 1044/2026 Page 2 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.16 17:44:32 -07'00'
By:DIKSHA RAWAT
Signing Date:16.03.2026
17:46:38
money in her company and under that pretext, they took her bank details and
SIM card of mobile phone, all of which were misused by them. Learned
counsel for accused/applicant also submits that prior to the notice to join
investigation, the accused/applicant had herself lodged a complaint on web
portal, alleging that her bank account particulars were being misused by
Shiv Shankar and Banwari Lal.
5. On the other hand, learned APP submits that according to the
investigation, a sum of Rs. 40,00,000/- was received by the
accused/applicant in her bank account and out of the said amount she
retained Rs. 33,00,000/- and transmitted the remaining amount to 20 bank
accounts on the same day. Further, it is submitted by learned APP that
during the period from 05.12.2025 to 06.12.2025, the accused/applicant
received Rs. 7,00,00,000/- in her bank account from different persons and in
this regard 11 complaints of similar nature were lodged against the
accused/applicant. It is submitted by learned APP that the accused/applicant
deleted all content of WhatsApp chats in her mobile phone. It is also
submitted that accused Shiv Shankar and Banwari Lal are absconding.
6. So far as the explanation rendered by learned counsel for
accused/applicant as regards bank transactions of the accused/applicant, one
can understand that before investing money, the proposed investor would
test the financial soundness of the company, but it does not sound believable
that for this purpose, the Director of the company would hand over all her
banking credentials as well as even her mobile phone SIM card. Although,
on this aspect, trial court shall take an independent view, but since this
BAIL APPLN. 1044/2026 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
70996b40f80cbd2eee60402c487965ff801e2
Digitally Signed 6fa, cn=GIRISH KATHPALIA
Date: 2026.03.16 17:44:22 -07'00'
By:DIKSHA RAWAT
Signing Date:16.03.2026
17:46:38
argument has been raised for the purposes of seeking bail, it has to be dealt
with. Prima facie, the explanation rendered on behalf of accused/applicant
regarding influx of such enormous amount does not sound believable.
7. Further, as regards the complaints lodged by the accused/applicant,
the same were much subsequent to the alleged offence. As mentioned above,
the alleged digital arrest of the complainant de facto was carried out on
30.11.2025 and 01.12.2025, while the complaints were lodged on
05.12.2025 online and 18.12.2025 by post. Even the online complaint dated
05.12.2025 does not give any specific particulars of the date, month or year
when Shiv Shankar and Banwari Lal obtained the bank documents and SIM
card of the accused/applicant.
8. Considering the nature of the cyber fraud coupled with the expanse
of same kind of digital arrest in 11 other cases alleged against the
accused/applicant, at this stage, I do not find it fit to grant bail.
9. Therefore, the bail application and the accompanying application are
dismissed.
10. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant. Digitally signed by GIRISH KATHPALIA
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801e
26fa, cn=GIRISH KATHPALIA
Date: 2026.03.16 17:44:11 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 16, 2026
'rs'
BAIL APPLN. 1044/2026 Page 4 of 4 pages
