Full Judgment Text
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18.03.2026
+ BAIL APPLN. 4473/2024 & CRL.M.(BAIL) 2072/2024,
CRL.M.A. 36652/2024 & 12666/2025
ABHINAY KUMAR .....Petitioner
Through: Mr. Ankur Yadav, Advocate ( through
videoconferencing )
versus
STATE( GOVT. OF NCT OF DELHI) .....Respondent
Through: Mr. Amit Ahlawat, APP for the State
with SI Satender Kumar and Inspector
Abhijeet Singh.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No.
387/2024 of PS Geeta Colony for offence under Section 406/420/120B/34
IPC.
1.1 This anticipatory bail application was listed for first hearing on
05.12.2024 before the predecessor bench and after hearing both sides, the
learned predecessor bench directed that subject to his joining investigation,
the accused/applicant shall not be arrested till next date. That interim
BAIL APPLICATION 4473/2024 Page 1 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa
, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.18 18:16:17 -07'00'
By:DIKSHA RAWAT
Signing Date:18.03.2026
18:18:10
GIRISH
KATHPALIA
Signature Not Verified
protection continued on date to date basis till date. Along with 179 such old
pending bail applications, this application also was transferred to this bench.
1.2 Today is the first hearing before this bench. I have heard learned
counsel for accused/applicant and learned APP for State.
2. Briefly stated, prosecution case is as follows. In the FIR, the
complainant de facto alleged that he was approached by the
accused/applicant and one Lalit Jain in January 2024 with an offer for
investment in their company namely M/s Clean Earth Innovations Pvt. Ltd.,
which is dealing in scrap and manufacture of environment friendly products.
The accused/applicant and his associate assured to transfer to the
complainant de facto 2% shares in the company for investment of Rs. 2
crores. The accused/applicant and his associate persuaded the complainant
de facto after showing him financial health status of the company.
Accordingly, the complainant de facto paid cash amount in three
instalments, viz., Rs.44.6 lakhs on 11.01.2024 at Chacha Nehru Hospital,
Geeta Colony; Rs.25.75 lakhs on 12.01.2024 and Rs.25 lakhs on 24.02.2025
at Karol Bagh. The said entire amount was paid in cash against receipts
issued by the accused/applicant and his associate. But the accused persons
neither transferred 2% shares in their company nor returned the amount.
Hence, according to the complainant de facto, he was cheated by the
accused persons.
3. Learned counsel for accused/applicant submits that the entire case set
BAIL APPLICATION 4473/2024 Page 2 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.03.18 18:14:41 -07'00'
Digitally Signed
By:DIKSHA RAWAT
Signing Date:18.03.2026
18:18:10
GIRISH
KATHPALIA
Signature Not Verified
up by the complainant de facto is false and that the accused/applicant never
issued any receipt to the complainant de facto . It is further contended that
during the period of interim protection from arrest, the accused/applicant
joined investigation whenever directed by the IO and his specimen
signatures have already been taken for being compared with the alleged
receipts. It is also contended that there is no evidence collected to show any
cash money drawn by the complainant de facto from his bank account, to be
handed over to the accused persons.
4. Learned APP for State submits that the accused/applicant be directed
to join investigation, in case he is granted anticipatory bail. However,
learned APP admits that specimen signatures of the accused/applicant have
already been obtained by the IO.
5. In order to ascertain if the complainant de facto paid any money to the
accused persons towards purchase of 2% shares of the company of the
accused persons, the IO was directed to show the said cash receipts. Those
receipts are completely silent about any purchase of shares. Those receipts
are printed material on letter head, bearing signatures alleged to be of the
accused/applicant. The unusual space between the printed material and the
signatures prima facie raises a suspicion. Even the learned Court of Sessions
while dealing with anticipatory bail application of the accused/applicant
recorded such observation.
6. At this stage, during dictation of the order, learned APP also submits
BAIL APPLICATION 4473/2024 Page 3 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801e
26fa, cn=GIRISH KATHPALIA
Date: 2026.03.18 18:14:27 -07'00'
Digitally Signed
By:DIKSHA RAWAT
Signing Date:18.03.2026
18:18:10
GIRISH
KATHPALIA
Signature Not Verified
that as per evidence collected by the IO, on the date of payment of first
instalment, the accused/applicant was not a Director in the said company.
But on this aspect, as mentioned above, prima facie , the material on record
is not of the nature that the accused/applicant be deprived of liberty.
7. Considering the overall circumstances, the application is allowed and
in the event of his arrest, the accused/applicant is directed to be released on
bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with
one surety in the like amount to the satisfaction of the IO/SHO concerned.
Pending applications stand disposed of.
8. Of course, on the above aspects, the learned trial court shall take
independent view at the final stage on the basis of evidence adduced during
trial.
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.18 18:14:01 -07'00'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
MARCH 18, 2026/ ry
BAIL APPLICATION 4473/2024 Page 4 of 4 pages
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:18.03.2026
18:18:10