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Chunawala Aatif vs. State (NCT of Delhi) & Anr.

Bail Application · CNR No. DLHC010454422026Decided 23 Sept 2026New Delhi Bench
BAIL APPLN. 4001/2026CNR: DLHC010454422026
Justice Girish Kathpalia

Background

The applicant sought anticipatory bail in FIR No. 23/2025 (PS Cyber, Shahdara) alleging a "task-based" online investment fraud: the complainant was lured via a Telegram link into "liking" products for commission, initially received small payouts to build trust, then invested larger sums before her account was blocked, causing a loss of about Rs. 3,62,000, which was traced to the applicant's bank account and withdrawn the same day it was received. The applicant claimed he had merely lent his account to an unnamed "cousin" and denied wrongdoing, also citing repeated notices he says he ignored by mistake.

Decision Breakdown

The Court found the "unnamed cousin" explanation implausible, particularly since the applicant never filed any complaint against this alleged cousin despite claiming his account was misused, and could not explain why the cousin needed to use someone else's account at all. The police also informed the Court of a second, similar complaint against the same bank account from Gujarat, reinforcing suspicion of a pattern. Given the need for custodial interrogation to trace the flow of funds and the scale of the alleged fraud, the Court refused anticipatory bail, also flagging the broader concern about the rising misuse of technology to defraud ordinary citizens, including senior citizens' retirement savings.

Lesson Learnt

Courts are increasingly wary of "borrowed bank account" defences in cyberfraud cases, especially where the accused cannot identify the person allegedly responsible and has taken no steps (such as filing a police complaint) consistent with genuinely being a victim of misuse himself.

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