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MR X vs. State (NCT of Delhi)

Bail Application · 2026:DHC:8469Decided 29 Sept 2026New Delhi Bench
BAIL APPLN. 2854/2026CNR: DLHC010320332026
Justice Girish Kathpalia

Background

The petitioner (named "MR X" in the judgment itself) sought regular bail in FIR No. 07/2026 of PS Cyber, New Delhi, registered for offences under Sections 112(2)/317(2)/318(4)/61(2) of the Bharatiya Nyaya Sanhita. The prosecution's case was that the petitioner, as part of a cyber fraud network, was a beneficiary of a cheated amount that came into a bank account he held jointly with a co-accused, Saleem. A key ground for bail was that several other named co-accused, including Saleem, had not been arrested despite the investigating officer earlier stating she had decided to arrest Saleem before being told not to by senior officers.

Decision Breakdown

An updated status report from the concerned DCP on the non-arrest of the co-accused, though called for, had still not been filed. Given this and the principle that police cannot selectively arrest some accused while leaving similarly placed others free, the State (through the APP, on instructions of the IO and SHO present in court) told the Court it had no objection to bail on the principle of parity. The Court accordingly allowed the bail application.

Lesson Learnt

Courts will scrutinise selective arrest among co-accused in the same case, and "parity" with un-arrested co-accused can be a strong ground for bail even in serious economic/cyber fraud cases.

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