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Delhi High Court – Orders
Uday vs State Govt. Of Nct Of Delhi on 22 July, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 642/2025
UDAY .....Petitioner
Through: Mr. Rakesh Chahar, Mr. Saurav
Panwar and Mr. Shailesh, Advocate.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Hemant Mehla, APP for State
with Mr. Sunil Kr and Mr. Himanshu,
SI, PS-Najafgarh.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 22.07.2025
1. The present application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 20231 (formerly Section 439 of the Code of
Criminal Procedure, 19732) seeks regular bail in proceedings arising from
FIR No. 481/2024 registered under Section 308(5) of the Bharatiya Nyaya
Sanhita, 20233 at P.S. Najafgarh. Subsequently, a chargesheet was filed qua
the Applicant under Section 308(4)/351(3)/61(2)/3(5) of BNS.
2. Briefly, the case of the prosecution is as follows:
2.1. On 11th November, 2024, the Complainant, Chand Singh, received a
threatening phone call from mobile number +16613907098. The caller
identified himself as Amit Mann, a member of Gogi gang and demanded
INR 1 crore as extortion, threatening to kill the Complainant’s son if the
demand was not met. Based on this complaint, the present FIR was1
“BNSS”
2
“Cr.P.C”
3
“BNS”
BAIL APPLN. 642/2025 Page 1 of 7
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registered.
2.2. The following day, the Complainant’s son, Vikas, received a
WhatsApp voice call and an audio message from mobile number
9289753190. The caller introduced himself as Monti Mann and repeated the
death threat unless the ransom was paid. The said number was found to be
registered in the name of one Amrik Baitha, who stated that his son
Dharmender, currently in judicial custody in FIR No. 571/2024 at P.S.
Alipur, was using the SIM.
2.3. A production warrant was issued for Dharmender, who was then
interrogated in connection with the present case. He disclosed that a person
named Sachin @ Maddy had contacted him on Instagram and asked for two
SIM cards to supply to Monti Mann. Dharmender handed over two SIMs to
Sachin, one of which was the SIM bearing number 9289753190.
2.4. Following this disclosure, Dharmender was arrested in the present
case and taken into three-day police custody. During interrogation, he led
the police to the residence of accused Sachin @ Maddy. However, Sachin @
Maddy had fled to avoid arrest and was later apprehended by the Special
Staff from Kanpur and brought to Delhi. During his interrogation, Sachin @
Maddy stated that Monti Mann, affiliated with the Gogi gang and residing in
his colony, had contacted him via the Signal App seeking two SIM cards to
make extortion calls. Sachin @ Maddy, in turn, approached Dharmender for
the SIM cards. He further disclosed that his friend, Uday @ Mawgli (the
Applicant), had received the two SIM cards from Dharmender and passed on
the OTP of number 9289753190 to Monti Mann on 5 th September, 2024,
enabling the activation of WhatsApp on another device used to send threats
to the Complainant and others.
BAIL APPLN. 642/2025 Page 2 of 7
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2.5. Pursuant to this, the Applicant was apprehended from his residence
and arrested on 18th November, 2024. He was produced before the
Metropolitan Magistrate, Dwarka Courts, and remanded to two days’ police
custody. During this period, one SIM card and a keypad mobile phone were
recovered at his instance from his home. Investigation revealed that the SIM
card was registered to number 9289753190 serviced by Airtel. The Call
Detail Records were sought from the telecom company and analysis
confirmed that a message had been received on that number and the SIM
card had been used in the same phone recovered from the Applicant.
2.6. A notice under Section 91 Cr.P.C. was issued to WhatsApp LLC
seeking account information for the number 9289753190. The response
confirmed that a WhatsApp account was activated on this number on 5 th
September, 2024. Further investigation revealed that the OTP required for
activation was transmitted by the Applicant to co-accused Monti Mann via
the Signal App. A similar notice was sent to Signal LLC, but no data was
received as the company’s terms and conditions specify that it does not store
user information.
2.7. Proceedings under Section 84 of BNSS were also initiated against
accused Monti Mann and the same are currently pending.
3. Mr. Rakesh Chahar, counsel for the Applicant urges that the
Applicant has been falsely implicated and makes the following submissions:
3.1. The Applicant has been in custody since 18th November, 2024 and the
investigation has been complete and chargesheet has been filed. Thus, no
fruitful purpose will be served by the continued incarceration of the
Applicant.
3.2. The Applicant has no connection with the alleged offence of
BAIL APPLN. 642/2025 Page 3 of 7
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extortion. Even as per the prosecution’s theory of criminal conspiracy, there
is no direct material linking the Applicant to the alleged crime. The
prosecution alleges that an extortion call was made to the Complainant on
11th November, 2024 at 11:11 AM demanding INR 1 crore, but there is no
evidence attributing this call to the Applicant. The only allegation against
him in the chargesheet is that he had allegedly passed on the OTP required
to activate the WhatsApp account from which the said call was made.
However, there is no material on record to establish how this OTP was
allegedly shared by the Applicant with the main accused, Monti Mann and
his arrest is only based on the disclosure statements of co-accused persons.
3.3. The co-accused Sachin @ Maddy has been granted bail by the JMIC,
First Class-07, South-West, Dwarka Court by order dated 5th June, 2025 and
therefore, the Applicant is also entitled to be released on bail on the grounds
of parity.
3.4. The Applicant undertakes to abide by the conditions imposed by this
Court, if bail were to be granted.
4. Per contra, Mr. Hemant Mehla, APP for State, strongly opposes the
bail application and submits as follows:
4.1. The allegations against the Applicant are grave in nature. The mobile
phone and SIM card linked to the WhatsApp account used for the extortion
call have been recovered from the possession of the Applicant. The
WhatsApp account was activated immediately upon the generation of the
OTP. While the mobile number used was not registered in the Applicant’s
name, the investigation has revealed, based on the statements of the Amrik
Singh and the disclosure statement of co-accused Sachin @ Maddy, that it
was the Applicant who was using the said number.
BAIL APPLN. 642/2025 Page 4 of 7
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4.2. The Applicant has criminal antecedents and is involved in two other
criminal cases: FIR No. 191/2024 registered under Section 308(4) BNS at
P.S. Defence Colony and FIR No. 204/2025 registered under Sections
308(4)/61(2) BNS at P.S. Begumpur. Hence, there exists a likelihood of him
absconding, if released on bail.
4.3. Furthermore, the Applicant’s request for regular bail has already been
declined by the Sessions Court by order dated 31st January, 2025.
5. The Court has considered the aforenoted facts and contentions. The
investigation is complete and the chargesheet stands filed. The Applicant has
been in custody since 18th November, 2024 and, as on 22nd July, 2025 he has
undergone incarceration for a period of approximately 8 months and 5 days.
6. The allegation against the Applicant primarily pertains to his alleged
role in facilitating the activation of a WhatsApp account by providing the
OTP to co-accused Monti Mann, which was thereafter used to make
extortion calls. It is the prosecution’s case that when the said WhatsApp
accounts were activated, they were immediately used to make the ransom
calls. However, on perusal of the material on record, the OTP was generated
on 5th September, 2024, and the threatening calls were made on 11th
November, 2024 and again in December, 2024, and March 2025. There is,
therefore, a significant gap between the activation of the account and the
alleged criminal acts. The Court is of the view that at this stage, prima facie,
there is no direct evidence to show the Applicant’s active participation in
making the extortion calls or receiving any benefit from the alleged
conspiracy. His alleged involvement, prima facie, appears confined to the
initial facilitation stage. Whether the Applicant acted in furtherance of a
common intent to commit extortion or had knowledge of the ultimate
BAIL APPLN. 642/2025 Page 5 of 7
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purpose behind the account activation is a matter that will have to be
established by the prosecution through evidence at trial. The evidentiary
value and reliability of the disclosure statements forming the basis of the
prosecution’s case, particularly in the absence of independent corroboration,
will also be subject to scrutiny during the course of trial.
7. Additionally, while Mr. Mehla has emphasized to the Applicant’s
criminal antecedents, it is pertinent to note that the Applicant has already
been granted bail in both cases by order dated 29th January, 2025 in FIR No.
191/2024 registered at P.S. Defence Colony and order dated 11th July, 2025
in FIR No. 204/2025 registered at P.S. Begumpur. Notably, these bail orders
pertain to offences of a similar nature to those alleged in the present FIR.
Copies of the aforesaid bail orders have been handed over across the board
and placed on record. In this regard, reliance is placed on the judgment of
the Supreme Court in Prabhakar Tewari v. State of U.P.,4 wherein it was
observed that mere pendency of several criminal cases against the accused,
while can be a factor to be considered, cannot itself be the basis for refusal
of bail.
8. Further, co-accused Sachin @ Maddy, who is alleged to have played a
similar role in facilitating access to the SIM cards used for the extortion
calls, has already been granted bail by the concerned Magistrate. Given the
parity in the nature of allegations attributed to both accused, the Applicant is
similarly placed and is entitled to the benefit of the principle of parity.
9. In light of the above, the Applicant is directed to be released on bail
on furnishing a personal bond for a sum of INR 25,000/- with two sureties of
the like amount, subject to the satisfaction of the Trial Court/Duty MM, on
BAIL APPLN. 642/2025 Page 6 of 7
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the following conditions:
a. The Applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case or
tamper with the evidence of the case, in any manner whatsoever;
b. The Applicant shall under no circumstance leave the country without
the permission of the Trial Court;
c. The Applicant shall appear before the Trial Court as and when
directed;
d. The Applicant shall provide the address where he would be residing
after his release and shall not change the address without informing the
concerned IO/ SHO;
e. The Applicant shall, upon his release, give his mobile number to the
concerned IO/SHO and shall keep his mobile phone switched on at all times.
10. In the event of there being any FIR/DD entry / complaint lodged
against the Applicant, it would be open to the State to seek redressal by
filing an application seeking cancellation of bail.
11. It is clarified that any observations made in the present order are for
the purpose of deciding the present bail application and should not influence
the outcome of the trial and also not be taken as an expression of opinion on
the merits of the case.
12. The bail application is allowed in the afore-mentioned terms.
SANJEEV NARULA, J
JULY 22, 2025/nk
4
(2020) SCC OnLine 75
BAIL APPLN. 642/2025 Page 7 of 7
This is a digitally signed order.
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 23/07/2025 at 22:25:33
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