Vineet Jhavar vs State Of Nct Of Dlehi on 26 August, 2025

0
11

[ad_1]

Delhi High Court – Orders

Vineet Jhavar vs State Of Nct Of Dlehi on 26 August, 2025

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~7
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         BAIL APPLN. 2715/2025, CRL.M.A. 24435-24436/2025
                                    VINEET JHAVAR                                                                          .....Petitioner
                                                                  Through:            Ms. Shobha Gupta, Mr. Manasvi
                                                                                      Negi, Ms. Sanskriti Shakuntla Gupta,
                                                                                      Ms. Simranjeet Kaur, Ms. Akshita
                                                                                      Mishra, Ms. Ojasvi and Ms. Dharini,
                                                                                      Advocates.

                                                                  versus

                                    STATE OF NCT OF DLEHI                                                .....Respondent
                                                  Through:                            Mr. Mukesh Kumar, APP for State.

                                    CORAM:
                                    HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                  ORDER

% 26.08.2025

1. The present bail 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. 129/2022 registered under Section 420, 384, 468 and 471 of the
Indian Penal Code, 18603 at P.S. Special Cell. The Applicant has also been
implicated in two other criminal cases, namely FIR No. 9/2022 registered at
Cyber Police Station, North East District, and FIR No. 39/2022 registered at
Cyber Police Station, East District. In both cases, he was granted bail by

1
“BNSS”

2

Cr.P.C.”

3

IPC

BAIL APPLN. 2715/2025 Page 1 of 6

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 27/08/2025 at 22:24:18
orders dated 18th January, 2023, passed by the CMM, North East District,
Karkardooma Courts, and 30th January, 2023, passed by the CMM, East,
Karkardooma Courts, respectively. The present application is his fourth
attempt to secure bail in FIR No. 129/2022 before this Court. In this case,
the Applicant was arraigned through a supplementary chargesheet under
Sections 420, 384, 385, 468, 471, and 120B IPC. However, charges have
since been framed only under Sections 384 and 420 read with Section 120B
IPC.

2. Briefly, the case of the prosecution is as follows:

2.1. The present case arises out of a large-scale organized cyber-crime
involving fraudulent loan mobile apps and portals, illegal data harvesting
and extortion of borrowers by recovery agents through threats, blackmail
and circulation of morphed images.

2.2. On 13th January 2022, Mr. Rohan Kapoor lodged a complaint
regarding a fraudulent app Express Loan. He received an SMS offering a
“COVID vaccine loan”. He clicked the link in the message, which led to the
app being downloaded on his phone. The app sought access to contacts and
gallery, and he shared Aadhaar and PAN details believing it genuine.

Shortly after, INR 4,200/- was credited to his account. Four days later, he
began receiving extortionist WhatsApp calls demanding thrice the amount,
coupled with threats to circulate morphed obscene images, some of which
were actually sent to his acquaintances.

2.3. Despite having repaid the said loan amount, the Complainant
continued to receive threats and extortion calls. During inquiry, it was
further discovered that around 45 similar complaints had been lodged
against the Express Loan mobile application on the National Cyber Crime

BAIL APPLN. 2715/2025 Page 2 of 6

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 27/08/2025 at 22:24:18
Reporting Portal.

2.4. The investigation reveals that the Applicant, Vineet Jhavar, operated
multiple bank accounts which were directly used for receiving and layering
of proceeds of crime. Analysis of his bank statements discloses transactions
running into crores of rupees. The forensic audit indicates that amounts
aggregating approximately INR 1,40,81,913/- were routed through accounts
associated with the Applicant and linked entities.
2.5. The Applicant opened at least five accounts in his name and in the
names of entities such as Pioneer Entertainment, Shiv Tours & Travels,
Filmiz Media, and Empire Trading, all of which were used to receive large
sums from defrauded victims or co-accused.

2.6. During the course of investigation, another complainant, Aditya
Sharma alleged that he was extorted of more than INR 25,00,000/- by the
syndicate by sending morphed images to his relatives. Scrutiny of his bank
statements revealed direct transfers into accounts belonging to the
Applicant. These accounts were used for routing extorted amounts received
from victims of fraudulent “Express Loan” and similar mobile applications.
2.7. The Applicant has failed to give satisfactory explanations regarding
the transactions, the source of funds, or the identity of co-accused involved.
He has not disclosed the names of masterminds of the syndicate and has
been evasive during custodial interrogation. His role is not limited to passive
receipt of money but extends to active handling and diversion of proceeds of
crime.

2.8. The Applicant is a beneficiary of this illegal enterprise and one of the
crucial links in laundering of illicit funds, as he allowed his accounts to be
used for layering and integration of fraudulent gains.

BAIL APPLN. 2715/2025 Page 3 of 6

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 27/08/2025 at 22:24:18

3. Counsel for the Petitioner urges the following grounds in support of
the present application:

3.1. The investigation qua the Applicant stands concluded. The case rests
on documentary evidence, which has already been collected and filed along
with the chargesheet and supplementary chargesheet. The Applicant’s
further custody is therefore not required.

3.2. With the filing of the chargesheet and supplementary chargesheet, the
possibility of the Applicant tampering with evidence or influencing
witnesses no longer remains a ground to deny bail.
3.3. The Applicant has remained in judicial custody for approximately 2
years and 10 months as an under-trial, for offences carrying a maximum
punishment of 7 years’ imprisonment.

3.4. No incriminating material or proceeds of crime recovered from the
Applicant.

3.5. The Applicant bears a clean record and does not have any prior
criminal antecedents. There is nothing to suggest that he poses a threat to
society or that his release on bail would endanger the fair conduct of trial.
3.6. All the other co-accused mentioned in the chargesheet have been
released on bail.

4. The Court has considered the aforenoted contentions and perused the
record. The investigation in the matter stands concluded and a chargesheet
has already been filed. The offences with which the Applicant is charged are
under Sections 384 and 420 of the IPC. While the maximum punishment
prescribed under Section 384 IPC is three years, the offence under Section
420
IPC carries a maximum punishment of seven years. As per the nominal
roll, the Applicant has remained in custody for 2 years 10 months and 18

BAIL APPLN. 2715/2025 Page 4 of 6

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 27/08/2025 at 22:24:18
days.

5. It is further noted that several co-accused in the same case have
already been enlarged on bail and the principle of parity would also weigh in
favour of the present Applicant. Moreover, the chargesheet cites as many as
36 witnesses, which indicates that the trial is likely to take considerable time
for its conclusion.

6. It is well established through catena of judgments by the Supreme
Court that the object of granting bail is neither punitive nor preventative.
The primary aim sought to be achieved by bail is to secure the attendance of
the accused person at the trial.4

7. Therefore, having regard to the totality of circumstances, including
the completion of investigation, the period of incarceration already
undergone by the Applicant, the maximum sentence prescribed, the bail
granted to co-accused, and the likelihood of delay in the trial, this Court is of
the view that the Applicant is entitled to be released on bail.

8. The Applicant is, therefore, directed to be released on bail on
furnishing a personal bond for a sum of ₹50,000/- with two sureties of the
like amount, subject to the satisfaction of the Trial Court/Duty MM, on the
following conditions:

a. The Applicant shall cooperate in any further investigation as and
when directed by the concerned IO.

b. 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;

4

See also: Sanjay Chandra v. CBI, (2012) 1 SCC 40; Satender Kumar Antil v. Central Bureau of
Investigation
, (2022) 10 SCC 51.

BAIL APPLN. 2715/2025 Page 5 of 6

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 27/08/2025 at 22:24:18
c. The Applicant shall under no circumstance leave the country without
the permission of the Trial Court;

d. The Applicant shall appear before the Trial Court as and when
directed;

e. 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;

f. 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.
g. The Applicant shall report to the concerned PS on first and fourth
Monday of every month;

9. 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.

10. 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.

11. The bail application is allowed in the afore-mentioned terms.

SANJEEV NARULA, J
AUGUST 26, 2025/MK

BAIL APPLN. 2715/2025 Page 6 of 6

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 27/08/2025 at 22:24:18

[ad_2]

Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here