Police Cannot Be Allowed to ‘Pick and Choose’ Which Accused to Arrest in Same Case: Delhi High Court Grants Bail in Cyber Fraud Case

The Delhi High Court has granted regular bail to an accused in a cyber fraud case after the prosecution said it had no objection to his release on the principle of parity, with several co-accused persons having not been arrested. Justice Girish Kathpalia allowed the bail application and directed the accused to be released on furnishing a personal bond of ₹25,000 with one surety of the same amount.

The accused had sought regular bail in FIR No. 07/2026 registered at PS Cyber, New Delhi District for offences under Sections 112(2), 317(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita.

Allegations Against Accused

According to the prosecution, the applicant was allegedly part of a cyber fraud network and was one of the beneficiaries of the amount said to have been cheated.

The prosecution alleged that the money had reached a bank account jointly held by the applicant and co-accused Saleem.

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Bail Plea Cited Non-Arrest of Co-Accused

One of the principal grounds raised by the applicant was that Saleem and the other accused, identified as H.S. Kohli, Sandeep, Nasim and Santosh, had not been arrested.

Counsel for the applicant argued that the police could not be permitted to “pick and choose” among accused persons when making arrests.

The High Court noted that in its order dated August 25, 2026, it had recorded the investigating officer’s submission that she had decided to arrest Saleem but was told by senior police officers not to do so.

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The Court had consequently called for a detailed updated status report from the concerned Deputy Commissioner of Police. However, the report had still not been filed despite the circumstances recorded in the earlier orders.

State Did Not Oppose Bail

During the hearing, the Additional Public Prosecutor, on instructions from the investigating officer and the SHO of PS Cyber, New Delhi, informed the Court that the prosecution had no objection if the applicant was also granted regular bail.

Referring to the circumstances concerning the non-arrest of the other accused, the State specifically said that it had no objection to bail being granted to the applicant on the principle of parity.

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Court Allows Bail

Allowing the application, the High Court ordered the applicant’s release on bail on furnishing a personal bond of ₹25,000 along with one surety for the same amount to the satisfaction of the Trial Court or Duty Magistrate.

The Court also directed that a copy of the order be immediately sent to the concerned Jail Superintendent so that the accused could be informed.

Case Title: Mr X v. State NCT of Delhi
Case No.: BAIL APPLN. 2854/2026
Bench: Justice Girish Kathpalia
Date: September 29, 2026

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