Mr. M.N. Siddiqui and Mr. Faizan Abbasi, Advs v. STATE OF NCT OF DELHI

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4142/2025 PARVEZ AKHTAR .....Petitioner Through: Mr. M.N. Siddiqui and Mr. Faizan Abbasi, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Tarang Srivastava, APP for State with SI Naveen Gurjar. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 16.12.2025 1. The present petition has been filed under Section 483 of BNSS seeking regular bail in connection with FIR No. 164/2025 under Sections 318(4)/61(2)/238/3(5) of BNS registered at PS Chitranjan Park, Delhi. 2. The case of the prosecution as borne out from the status report is that on the complaint of Naveen, the present FIR came to the registered. It is alleged in the complaint that the complainant had to purchase a property in Uttam Nagar, Jeevan Nagar, Delhi. So he arranged money from his known persons namely, Harsh Nainwal and Vinod Singh Bisht. Further, he was also in need of cash to purchase the property, so on 04.07.2025, he had approached the accused persons who were to exchange his money deposited in bank for cash. 3. It is further the case of prosecution that the complainant transferred an amount of Rs. 40 lakhs in the bank account of SKS Trading Company which This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:17:18 is registered in the name of one Gopal S/o Hari Singh. However, the account was being operated by Mr. Bhavesh Gupta. After an amount of Rs. 40 Lakhs was transferred to the said account of SKS Trading Company, the amount was further transferred to the accused persons namely Aakash, Kunal, Yogesh and Asgar @ Kobra in Mumbai. 4. Mr. M.N. Siddiqui, learned counsel appearing on behalf of petitioner submits that the alleged cheated amount has gone into the account of M/s SKS Trading Company and as per prosecution version it was co-accused Bhavesh Gupta who was operating the same. 5. He contends that no amount has been received by the present petitioner. He further contends that the only incriminating material against the present petitioner is recovery of dummy notes worth Rs. 85 Lakhs and one cash counting machine which were recovered from the flat. 6. He submits that the same recovery is also at the instance of two co-accused namely Nikhil Srivastava and Prince Pal. He submits that the flat from where said recovery was allegedly made, is in the name of co-accused Nikhil Srivastava and the recovery of dummy notes and cash counting machine has been planted against the present petitioner. 7. He submits that the petitioner is in custody since 09.07.2025. 8. He also states that the petitioner does not have any previous involvements. 9. He further contends that the main accused Bhavesh Gupta has already been granted bail. 10. Per contra, Mr. Tarang Srivastava has argued on the lines of Status Report. 11. I have heard Mr. M.N. Siddique, learned counsel for the petitioner, as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:17:18 well as, Mr. Tarang Srivastava, learned APP for the State and have perused the record. 12. A perusal of the status report shows that the amount of Rs. 40 Lakhs was transferred into the account of SKS Trading Company which was operated by one co-accused Bhavesh Gupta. The money so received in the said account, was later transferred to the account of other co-accused namely, Aakash, Kunal, Yogesh and Asgar @ Kobra. 13. It is not the case of the prosecution that any part of the cheated amount had gone into the account of the present petitioner. Further, the alleged recovery is not from the flat of the petitioner, rather it is from the flat of co-accused Nikhil Srivastava. 14. On being queried by the Court, Mr. Srivastava, on instructions from the IO, who is present in Court, fairly states that co-accused Bhavesh Gupta has been granted bail. 15. Moreover, it is also not in dispute that the present petitioner does not have any criminal antecedents. 16. In view of the above, the petitioner has made out a case for grant of regular bail. Accordingly, the petitioner is admitted to regular bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/JMFC/Duty JM, further subject to the following conditions: (a) Petitioner shall appear before the Court as and when the matter is taken up for hearing. (b) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:17:18 not change the mobile number without prior intimation to the Investigating Officer concerned. (c) Petitioner shall not tamper with evidence and shall not come in contact with the witnesses. 17. It is clarified that the observations made herein above are only for the limited purpose of deciding the present bail application and the same shall not be construed as an expression of opinion on merits of the case. 18. The petition is disposed of. 19. Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance. 20. Order dasti under signatures of the Court Master. VIKAS MAHAJAN, J DECEMBER 16, 2025 N.S. ASWAL