A city court in Gurgaon has rejected the regular bail plea of Nitin Sharma in a “digital arrest” case, stressing that cybercrime can “erode public confidence” in digital financial transactions. Additional Sessions Judge Varsha Jain dismissed the plea on Monday, noting that the trial was still at an early stage.
The court said the seriousness and “far-reaching impact” of cyber fraud justified denying bail. It observed that Sharma was allegedly directly involved in the offence by purchasing a bank account and handing it over to cybercriminals operating from Delhi.
The case began after complainant Vinay Kumar, who was added to a group promoting stock-market share trading, allegedly lost ₹41.9 lakh. He was added to an account shared by co-accused Megha Kirar under the name “C-107 Motilal Oswal Udaan School of Change”.
An FIR was registered at Cyber Crime South police station in August 2025 under Sections 318(4), 319 and 241 of the BNS and Section 66-D of the Information Technology Act.
During the investigation, police found that ₹10 lakh had been credited to the bank account of co-accused Bobari Siriniwas, proprietor of M R Proprietors. Another ₹20 lakh was deposited into an Axis Bank account belonging to R K Enterprises. The investigation subsequently led police to Sharma and other accused. A final report was filed after the investigation was completed.
Sharma’s lawyer, Raj Kumar Sharma, argued that his client was innocent and had been falsely implicated. He said Sharma had been in custody since April 7, 2026, and argued that the investigation was already complete. The defence also claimed that Sharma’s implication was based only on disclosure statements made by co-accused persons.
Public prosecutor Pradeep Gulia opposed the bail plea, alleging that Sharma procured bank accounts from Yamuna Nagar and supplied them to cybercriminals in Delhi. The prosecution said rising cyber offences were affecting innocent people and had a wider socio-economic impact.
The court relied on a July 3, 2025, Punjab and Haryana High Court judgment in Suhail vs State of Haryana. The judgment said bail applications in cybercrime and online fraud cases require careful consideration of the seriousness of the offence and its impact on society.
The court noted that online fraud can affect multiple victims and weaken trust in digital financial platforms. It clarified that these observations were limited to the bail proceedings and did not amount to a finding on the merits of the case.
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