BAIL APPLN./1677/2026 of NISHANT CHAUHAN Vs THE STATE (N.C.T. OF DELHI) on 9 September 2026

O R D E R

% 09.09.2026

1. This hearing has been done through hybrid mode.

2. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred as to the ‘BNSS’), seeking grant of regular bail to the petitioner in FIR No. 434/2025, dated 08.12.2025, registered at Police Station Dwarka South, for offences punishable under Sections 318, 61(2), 3(5), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred as to the ‘BNS’). The said FIR is pending trial before the Court of learned JFMC, Dwarka Courts, New Delhi.

3. Learned counsel for the petitioner submits that the petitioner has been in judicial custody for the last more than eight months, having been arrested on 18.12.2025. He submits that the petitioner is a 20-year-old student pursuing B.Com. in the second year from the University of Delhi.

4. Learned counsel for the petitioner further submits that the petitioner had allowed the co-accused persons to use his bank account in consideration of commission of 2%. He submits that the main accused, who was allegedly running the call centre, has already been granted regular bail by the learned Sessions Court. It is further submitted that one of the co-accused persons, namely Nischay Sahu, has not been arrested by the Investigating Officer and was merely bound down by him.

5. Learned counsel for the petitioner also submits that the charge-sheet has already been filed and, therefore, no further custodial interrogation of the petitioner is required. He further submits that the petitioner was arrested without issuance of notice under Section 35(3) of the BNSS.

6. Per contra, learned APP for the State submits that the present case relates to cyber fraud and that the petitioner had allowed the co-accused persons to use his bank account on the basis of commission.

7. Heard learned counsel for the parties.

8. The main accused, who was allegedly running the call centre, has already been granted regular bail by the learned Sessions Court. It is also not disputed that one of the co-accused persons is yet to be arrested by the Investigating Officer. The petitioner has remained in judicial custody for more than eight months and the charge-sheet has already been filed.

9. Considering the aforesaid facts and circumstances, the period of custody undergone by the petitioner, the filing of the charge-sheet and the grant of bail to the main accused, this Court is of the view that the petitioner is entitled to be released on regular bail.

10. Accordingly, the present application is allowed. The petitioner is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to the following conditions: i. The petitioner shall not leave India without prior permission of the learned Trial Court. ii. The petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The petitioner is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.

11. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.

12. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.

13. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 9, 2026/prg/P