Mohd Shariq @ Sharik Vs State (Nct of Delhi)

By virtue of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the applicant seeks grant of anticipatory bail in proceedings arising out of FIR No.36/2025 dated 11.09.2025 registered at PS.: Cyber Police Station South, Delhi under Sections 308/318(4)/319/340 of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

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Status Report handed over by learned APP is taken on record.

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As per FIR, the complainant was added to a Telegram group namely ‘HR120-Value Investment Club’ wherein, on the pretext of high value profits against the said investment he was defrauded by unknown persons to the tune of Rs.45,33,000/-. During the course of investigation, it was revealed that the complainant had made ten separate transactions from his own Canara Bank account to ten different bank accounts. Further investigation led to the arrest of a co-accused, Sahil Choudhary, on

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:17

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24.12.2025, for his direct involvement in the receipt of Rs.9,24,500/-, which amount was realised through over-the-counter cash withdrawal via a self-cheque.

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During further investigation, the involvement of the present applicant came to light on the basis of the disclosure statement made by the co-accused, Sahil Choudhary. Consequently, two separate notices under Section 35(3) of the BNSS were served upon the applicant on 24.12.2025 and 26.12.2025, requiring him to join the investigation however, the he failed to join the investigation. It was only pursuant to the order dated 13.05.2026 that the applicant joined the investigation on 14.05.2026 at PS.: Cyber Police Station South, Delhi.

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In this factual backdrop, this Court has heard learned counsel for the applicant as also the learned APP. 6. As borne out from the facts herein, the applicant herein was playing an active role along with the co-accused, Sahil Choudhary who is the account holder from which the withdrawal of the sum of Rs.9,24,500/was made on 24.12.2025. The same is fortified by the CCTV footage of the concerned Bank as it clearly captures the physical presence of the applicant at the time of withdrawal of the said amount. Moreover, the Call Detail Record ( CDR ) of the applicant mobile number establishes a deeprouted nexus with the co-accused Sahil Choudhary wherein as many as 151 communications have been noted between July 2025 and September 2025.

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Furthermore, considering the whole transaction arises from a Telegram group namely, ‘HR120-Value Investment Club’ wherein the complaint has been defrauded by unknown persons including the applicant

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:17

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herein of a huge sum of Rs.45,33,000/-, and the investigation in the matter is not complete, custodial interrogation of the applicant may be required in order to unearth the nexus and any other potential involvements.

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In fact, as held in Serious Fraud Investigation Office (supra) , P. Chidambaram vs. Directorate of Enforcement: (2019) 9 SCC 24 and Srikant Upadhyay & Ors. vs. State of Bihar & Anr.: (2024) SCC OnLine SC 282 it is trite law that, in matters involving cyber fraud, economic offences/ crimes, especially those entailing large-scale fraud and misuse of public funds, constitute a different class of cases, hence, the discretion of granting anticipatory bail ought to be exercised sparingly as such offences demand serious considerations since it affects the very economic fabric of the society.

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Thus, taking a cumulative view of the facts and circumstances involved herein, the present application seeking grant of anticipatory bail is dismissed.

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Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved.

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SAURABH BANERJEE, J

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JULY 3, 2026 /bh/DA

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:17

Mohd Shariq @ Sharik v. State (Nct of Delhi)

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Mohd Shariq @ Sharik v. State (Nct of Delhi)

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