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Neel Alias Sharma Mahavir Kailashbhai v. CBI

Court
High Court of Delhi
Decided
19 August 2026
Bench
Saurabh Banerjeeauthor
Case no.
BAIL APPLN. 2450/2026

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Judgment

O R D E R %

19.08.2026

¶1By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in FIR No.10/2026 dated 10.01.2026 registered under Sections 308(5)/318(4)/319(2)/336(3)/340(2)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) at PS.: Special Cell, Delhi.

¶2As per prosecution, the complainant and her husband, who are both septuagenarians, were victims of online financial fraud to the tune of approximately Rs.14.84 crores and were subjected to digital arrest wherein the fraudsters impersonated themselves as Law Enforcement Officers and deceived the complainant by stating that 26 complaints of 'obscenity' and 'money laundering' were registered against the mobile number 9898053277, allegedly issued in her name as also that an FIR being No.MH5621/0725 was registered against her. So much so, the victims The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. were kept under constant digital scrutiny and watch through Skype/ WhatsApp videos calls from 24.12.2025 to 10.01.2026.

¶3Investigation revealed that the cheated amount was transferred to various accounts, out of which an amount of Rs.4 crores was transferred by the victims in the account of an NGO namely M/s. Floresta Foundation, of which the co-accused Divyang Patel is the authorised signatory. Investigation also revealed that the co-accused Divyang Patel was approached by co-accused Sithole Krutik, who persuaded him to provide him the bank account details of M/s. Floresta Foundation for receiving NGO donations.

¶4Further, on 29.12.2025, co-accused Divyang Patel accompanied co-accused Sithole Krutik to Hotel MD Palace, Vadodara, where he was introduced to co-accused Robin @ Ankit Mishra and the present applicant, who installed an APK file on the phone of co-accused Divyang Patel thereby gaining remote access to his device. Thereafter, on 30.12.2025, they all met again at Hotel Ambika, Vadodara where the accused persons gained access to email and mobile banking of Divyang Patel and transferred the duped amount to secondary accounts, and the bank account details of M/s. Floresta Foundation made available by co-accused Sithole Krutik were shared with co-accused Robin @ Ankit Mishra and the present applicant, who subsequently shared the said details with a Chinese operative known by the telegram identity as 'Charli Yan'.

¶5Involvement of the present applicant in the present offence led to his arrest on 19.01.2026 from Puri, Orissa. Thereafter, the chargesheet came to be filed by the police on 13.03.2026 wherein the present applicant has been arrayed in as an accused. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶6In this factual backdrop, this Court has heard learned counsel for the applicant and the learned SPP, as also perused materials on record.

¶7The above facts disclose that the present proceedings relate to the issue of digital arrest of two septuagenarians and involvement of mule accounts, including a foreign national. In cases involving such offences it is difficult to collect/ get/ obtain the details about exchange of monies or about changing of different hands or about the connection of numerous bank accounts or about the association of unknown faces and their names or about the engagement of various electronic means to establish a direct nexus. These proceedings are from the world of organized and systematic cyber fraud, as also economic offences/ crimes having links to foreign nationals entailing large-scale fraud and misuse of public funds, constitute a different class of cases.

¶8Hence, the present proceedings have to dealt with utmost care and caution, especially while exercising the discretion of granting bail. It is also to kept in mind that if granted bail, the same may lead to serious repercussions on the very economic fabric of the society.

¶9As such, considering that the applicant herein is alleged to be involved in one such offence, there is a likelihood if granted bail by this Court, he may target vulnerable sections of the Society to erode their trust and confidence, leaving a big impact thereupon.

¶10In such a scenario, since the nexus, chain of transactions, digital evidence, the case property, and the conspiracy involved, proceeds of crime are yet to be unearthed in the ongoing investigation, there is an apprehension that, if released, the applicant may impede in the process of law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶11In view of the aforesaid, the present application is dismissed.

¶12Needless 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.

SAURABH BANERJEE, J AUGUST 19, 2026/Ab/DA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Case details

Parties and counsel

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010275122026 + BAIL APPLN. 2450/2026 NEEL ALIAS SHARMA MAHAVIR KAILASHBHAI .....Applicant Through: Mr. Adarsh Kr. Tiwari, Ms. Vartika Maurya and Ms. Akanksha Raj Mishra, Advs. versus CBI .....Respondent Through: Mr. Akhilesh, SPP with Ms. Anchal Kashyap and Mr. Rakesh Kumar, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.