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Shadab vs. State of NCT of Delhi

Bail Application · 2026:DHC:8332Decided 24 Sept 2026New Delhi Bench
BAIL APPLN. 2399/2026CNR: DLHC010274812026
Justice Sachin Datta

Background

The applicant, an egg-stall (rehri) vendor from Dehradun, was accused in an FIR alleging a Rs. 2.36 crore online trading/IPO investment fraud in which the complainant's money was routed through thirteen "first-layer" bank accounts. One of these accounts belonged to the applicant, which received about Rs. 24.93 lakh. He claimed he had been duped by two men (still absconding) into handing over his bank credentials and SIM card on the pretext of arranging a loan for his business, and was later told to let his account be used for "gaming and trading" transactions for a commission. He had been in judicial custody since October 2025.

Decision Breakdown

The Court noted that the actual fraud was devised and operated by the still-untraced co-accused, that the applicant never received or used the diverted money himself (which moved on to second-layer accounts), that investigation qua him was complete, the evidence was purely documentary, and charges had already been framed with trial underway. A background/status report confirmed he genuinely ran an egg stall and belonged to a financially weak family caring for an ailing mother. Given the offence was Magistrate-triable with a maximum 7-year sentence and he had already spent almost a year in custody, the Court granted regular bail with standard conditions (surrendering address, mobile tracking, monthly police reporting, no contact with complainant).

Lesson Learnt

Courts weigh an accused's actual role, socio-economic background, and lack of personal benefit, not just the presence of a large fraud, when deciding bail in "mule account" cyber-fraud cases, especially where investigation is complete and custody has been prolonged relative to the maximum sentence.

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