Kushal Kanwar vs State Of Nct Of Delhi & Anr.

Court
Delhi High Court

$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.04.2026
+ BAIL APPLN. 1235/2025 & CRL.M.A. 9548/2025
KUSHAL KANWAR .....Petitioner
Through: Ms. Sakshi, Advocate ( through
videoconferencing ).
versus

STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Amit Ahlawat, APP for State
with SI Vivek, PS Neb Sarai with Mr.
Anant, DCP.
Ms. Mandavi Pandey, Mr. Vikas
Tripathi, Mr. Chandan, Mr. Sanjeev
Kr. Mishra, Ms. Shivani, Ms. Mansi
Singh and Ms. Heena Kumari,
Advocates for victim with victim in
person.


CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)

1. The accused/applicant seeks anticipatory bail in case FIR No.
531/2022 of Police Station Neb Sarai for offence under Section 406/420/34
IPC.

BAIL APPLN. 1235/2025 Page 1 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.28 04:52:37 -07'00'
GIRISH
KATHPALIA

2. In the first call, none appeared for the accused/applicant, so matter
was passed over awaiting the counsel for the accused/applicant.
3. In this second call, learned counsel for accused/applicant seeks
adjournment on the ground that the main counsel is not available. The
vakalatnama bears names and signatures of three counsel. But even in
second call, none of them has appeared. In view of further discussion, I find
no reason to grant any further accommodation.
4. Broadly speaking, prosecution allegation against the
accused/applicant is that he cheated widow of a Pulwama martyr, who was
employed with CRPF. According to prosecution, the amount fraudulently
obtained by the accused/applicant was Rs. 20,00,000/-, which was collected
by him from the complainant de facto widow under the pretext of investing
the same for her. The said amount was collected by way of an agreement
dated 28.11.2018. But the accused/applicant, instead of investing the said
amount, transferred the same in his personal bank account and withdrew the
same in small instalments. Further, according to prosecution, the
accused/applicant also committed forgery of certain bill books.
5. The accused/applicant filed an application for grant of anticipatory
bail before the learned Court of Sessions, where the IO took a stand that the
accused/applicant was trying to scuttle the investigation; and that custodial
interrogation was required in order to unearth the original bill books and
other forged documents as well as to obtain voice samples of the
accused/applicant. After detailed reasoning, the learned Court of Sessions

BAIL APPLN. 1235/2025 Page 2 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.28 04:52:26 -07'00'
GIRISH
KATHPALIA

dismissed the anticipatory bail application.
6. The present anticipatory bail application was listed for the first time
on 28.03.2025 before a predecessor bench and thereafter it remained
pending before different benches. Vide order dated 24.04.2025, the
predecessor bench directed that no coercive action be taken against the
accused/applicant, subject to his joining the investigation. That interim
protection was finally withdrawn by the predecessor bench on 25.08.2025
for the reason that the accused/applicant had not been cooperating with the
investigation despite interim protection.
7. The order dated 25.08.2025 of the predecessor bench was challenged
by the accused/applicant before the Supreme Court by way of SLP (Crl.)
No. 13322/2025, in which the accused/applicant was granted interim
protection from arrest subject to certain conditions related to the cheated
amount. The matter was adjourned before the Supreme Court on few dates,
granting further opportunities but the accused/applicant did not comply with
the conditions imposed by even the Supreme Court, so vide order dated
16.02.2026, the Supreme Court dismissed the SLP.
8. In this second call, the IO/SI Vivek has appeared with the concerned
DCP Mr. Anant, who apprises the court that since after 16.02.2026, the
accused/applicant did not join investigation, the IO has filed an application
today itself before the learned trial court seeking non-bailable warrants
against the accused/applicant.


BAIL APPLN. 1235/2025 Page 3 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.28 04:52:16 -07'00'
GIRISH
KATHPALIA

9. Learned APP for State strongly opposes this anticipatory bail
application in view of the above described conduct of the accused/applicant
and also for the reason that there being specific allegations of forgery,
custodial interrogation is required in order to unearth the original bill books
and other documents. It is submitted by learned APP that present is not a
case of simply cheating. It is a case of forgery, which is an offence
punishable under Section 467 IPC, punishable with life imprisonment.
10. Despite being repeatedly called upon, learned counsel for
accused/applicant does not address any argument.
11. Considering the above circumstances, especially the conduct of the
accused/applicant in not complying with orders of even the Supreme Court,
coupled with the need expressed by the investigating officer to carry out
custodial interrogation of the accused/applicant, I find no reason to grant
anticipatory bail. Therefore, the anticipatory bail application is dismissed.
12. Accompanying application also stands disposed of.

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
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Date: 2026.04.28 04:52:05 -07'00'
GIRISH
KATHPALIA



GIRISH KATHPALIA
(JUDGE)
APRIL 28, 2026/ dr

BAIL APPLN. 1235/2025 Page 4 of 4 pages