2026 (9) TMI 353

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....in respect of a cyber fraud of Rs. 47,00,000/- (forty seven lakhs). The petitioner was not named therein. A search was conducted at the petitioner's residence on 23rd February, 2025 pursuant to a statement of a co-accused. He was arrested on the same date. He approached the Court of the learned Chief Judicial Magistrate, Karkardooma Court, Delhi on 24th February, 2025 seeking regular bail and was granted interim bail for seven days. The order was challenged before the Hon'ble High Court in Delhi by the Cyber Police of West Bengal and by an order passed on 27th February, 2025 the Hon'ble Court stayed the direction of the learned Chief Judicial Magistrate and granted transit remand of the petitioner. He was named in the charge sheet submitted....

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..... 4. Learned counsel for the petitioner has placed reliance on the following authorities in support of his contention. 1. Arvind Dham v/s. Enforcement Directorate reported in 2026 Supreme Court Cases Online SC 30; 2. Ramkripal Meena v/s. Enforcement Directorate reported in 2024 (12) Supreme Court Cases 682; 3. Manish Sisodia v/s. Enforcement Directorate reported in 2024 (12) Supreme Court Cases 660; 4. V. Senthil Balaji v/s. Deputy Director, Director of Enforcement reported in 2024 Supreme Court Cases Online SC 2626; and 5. Prasenjit Das v/s. Enforcement Directorate in CRM (R) 20 of 2025. 5. Vehemently opposing the prayer, learned counsel for the E.D. has submitted that out of 13 accused na....

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....under Section 19 of the Act was complied with by the arresting officer in effecting arrest of the petitioner. The Court made it clear that the merits of the case were not gone into and in the event the petitioner sought bail on merits, the appropriate Court would deal with the same independently in accordance with law. 9. The petitioner is in custody for more than a year. He was granted bail in the scheduled offences. The case is at the stage of pre-cognizance hearing. 10. The Hon'ble Supreme Court has time and again held that prolonged incarceration before being pronounced guilty of an offence cannot turn into punitive detention and in such cases Article 21 applies irrespective of the seriousness of the crime. A constitutional Court ....

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....India, without going into the merits of the case. 12. Accordingly, prayer for bail is allowed. 13. The petitioner be released on bail upon furnishing bond of Rs. 10,00,000/- (Rupees ten lakhs only) with adequate sureties of like amount each, half of whom should be local, to the satisfaction of the learned Trial Court, subject to the following conditions:- (i) The petitioner shall surrender his passport with the learned Trial Court at once; (ii) He shall not leave the territorial jurisdiction of the learned Trial Court without leave of the learned trial Court; (iii) He shall furnish the address where he shall presently reside before the learned trial Court, the E.D. and the Inspector-in-charge/Officer-in-char....