Ashok Kumar vs State Govt. Of Nct Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision 04.11.2026
# CNR No.DLHC010323082026
BAIL APPLN. 2881/2026, CRL.M.A.21708/2026
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ASHOK KUMAR .....Petitioner
Through: Mr. Pankaj Kishore Gupta, Mr.
Abhishek choubey, Advocate.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Utkarsh, APP for the State.
SI Mohit Asiwal, PS Crime Branch.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

ORAL
SACHIN DATTA, J. ( )


1. By way of the present application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks regular bail in
FIR No.0207/2023 dated 22.08.2023 under Sections
409/420/467/468/34/120B of the Indian Penal Code, 1860 (IPC) registered
at P.S. Crime Branch (Delhi).
2. The FIR was registered on the complaint of the Sh. Rati Ram
Chauhan, Senior Accounts Officer, Pay and Accounts Office (PAO),
Directorate of Coordination Police Wireless (DCPW), Ministry of Home
Affairs. The allegation is that unauthorized entries under the head
‘Miscellaneous Dues’ were inserted in the salary bills of the DCPW causing
a substantial loss to the Government, quantified in the Special Audit at
approximately Rs.1,43,78,690/-.

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3. The applicant is a Multi-tasking Staff (MTS) employee of the DCPW.

The chargesheet in the matter records as under: -


4. The case against the applicant is that approximately Rs.32.44 Lakhs
was fraudulently credited into his salary account under the head
‘Miscellaneous Dues’, though he had neither submitted any claim nor was
entitled to the same.
5. The chargesheet goes on to note that significant amounts were

transferred from the applicant’s account to the accused Anjani Kumar Singh.
It is also noticed in the chargesheet that original chequebooks collected from
the concerned bank revealed that several SELF cheques amounting to
Rs.6,00,000/- bear the handwriting / signature of the accused Anjani Kumar
Singh, thereby, corroborating the applicant’s statement that accused Anjani
Kumar Singh himself used to withdraw the cash. The chargesheet further
records that the custodial interrogation of the applicant provided the first
direct evidence establishing the operational role of accused Anjani Kumar
Singh in diverting the Government funds.
6. The applicant was arrested on 28.04.2026. His bail applications were
dismissed by the learned JMFC South-East District, Saket Courts on
20.05.2026 and by the learned ASJ (FTC)-03, South-East District, Saket

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Courts on 03.07.2026. Both the orders were passed before the aforequoted
chargesheet was filed.
7. Learned counsel for the applicant submits that the applicant is a
Group ‘D’ employee having no role in the preparation and passing of salary
bills. It is submitted that the main perpetrator of the crime/conspiracy is
Anjani Kumar Singh, who benefitted therefrom.
8. Learned APP for the State does not oppose the present bail
application on the basis of the aforementioned findings as recorded in the
chargesheet. It is further submitted that the case rests on documentary
evidence, which already stands collected, and that the applicant has been in
custody since 28.04.2026.
9. I have considered the matter.
10. It is trite that bail is rule and jail is the exception. This position has
been reiterated in numerous cases. Reference in this regard may be placed to
a judgment rendered by the Supreme Court in Manish Sisodia v.
Enforcement Directorate, (2024) 12 SCC 660 wherein it has been observed
as under:
“52. The Court in Javed Gulam Nabi Shaikh case [Javed Gulam Nabi
Shaikh v. State of Maharashtra, (2024) 9 SCC 813 : (2025) 1 SCC (Cri)
222] further observed that, over a period of time, the trial courts and the
High Courts have forgotten a very well-settled principle of law that bail is
not to be withheld as a punishment. From our experience, we can say that
it appears that the trial courts and the High Courts attempt to play safe in
matters of grant of bail.
The principle that bail is a rule and refusal is an
exception is, at times, followed in breach. On account of non-grant of bail
even in straightforward open-and-shut cases, this Court is flooded with
huge number of bail petitions thereby adding to the huge pendency. It is
high time that the trial courts and the High Courts should recognise the
principle that “bail is rule and jail is exception.”

11. In the present case, the investigation is complete qua the applicant and


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the chargesheet stands filed.
12. As noted hereinabove, the chargesheet itself records that the

applicant, being an MTS, had absolutely no role in the preparation,
verification or approval of salary bills, and that significant amounts from his
account were transferred to, or withdrawn through “self” cheques by the
accused Anjani Kumar Singh. Though the chargesheet alleges that the
applicant permitted his account to be used, prima facie , his role appears to
be extremely limited as compared to that of the main co-accused.
13. It is also noticed that the case rests on documents viz . salary bills,
PFMS records, bank statements, audit reports etc. which have already been
collected by the Investigating Agency.
14. The applicant has been in custody since 28.04.2026. As per the
Nominal Roll, he has no previous involvement and his overall jail conduct is
satisfactory. In the circumstances, no purpose will be served by the
continued incarceration of the applicant.
15. Accordingly, the applicant is admitted to regular bail on furnishing a
personal bond in the sum of Rs.10,000/-, with one surety of the like amount
to the satisfaction of the trial Court, subject to the following conditions:
i. The applicant/accused shall not leave NCT of Delhi or travel out
of the country without prior permission of the Trial Court;
ii. The applicant/accused shall provide his permanent address to the
trial Court, and also the address where he will be residing during
the pendency of the case;
iii. The applicant/accused shall intimate the Investigating Officer (IO)
and file an affidavit before the Trial Court regarding any change in
his residential address;

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iv. The applicant/accused shall furnish his mobile number to the

Investigating Officer (IO)/Station House Officer (SHO) concerned,
which shall be kept in working condition at all times. The mobile
number shall be kept switched on, with location services enabled
at all times, and the same shall be shared with the IO. The mobile
number shall not be changed without prior intimation to the IO
during the pendency of the trial;
v. The applicant/accused shall report to the IO as and when called for
by the IO;
vi. The applicant/accused shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted with the
facts of the case, or tamper with the evidence of the case, in any
manner whatsoever;
vii. The applicant/accused shall appear before the Trial Court on each

and every date of hearing;
viii. The applicant/accused shall not indulge in any criminal activity
during the period of bail; and
ix. The applicant/accused shall appear once a month before the IO at
the concerned Police Station between 10:00 am and 11:00 am.
16. In case of breach of any of the aforesaid conditions, the State shall be
entitled to move an application seeking cancellation of bail.
17. The learned trial Court is requested to expedite the trial proceedings
to the extent feasible.
18. It is clarified that the observations made herein are solely for the
purpose of deciding the present bail application and shall neither influence
the trial proceedings nor be construed as an expression of opinion of this

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Court on the merits of the case.
19. Let a copy of this order be communicated to the concerned Jail

Superintendent electronically for information and necessary compliance.
20. The application is disposed of in the above terms. Pending application
also stands disposed of.

SACHIN DATTA, J
NOVEMBER 4, 2026/r, ka


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By:ABHISHEK THAKUR
Signing Date:04.11.2026
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