Allowed

Vicky v. State Govt. of NCT of Delhi

Delhi HC13 May 2025BAIL APPLN./1314/2025

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail in a cheating FIR alleging fraudulent snatching of a complainant's jewellery by unknown persons. Having joined the investigation, deposited his phone for forensic analysis, with no prior antecedents and all co-accused already on bail, the High Court granted anticipatory bail subject to conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of ₹25,000 with one like surety, subject to conditions including cooperation with investigation and no tampering with evidence.

Vicky Vs State Govt. of NCT of Delhi — Cheating and Forgery | Delhi HC (2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1314/2025

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VICKY

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.....Petitioner

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Through: Mr. Manoj Kumar, Advocate .

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versus

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STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP for the State. SI Amit Punia, PS: Palam Village.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R 13.05.2025

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The present application filed under Section 482 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023¹ seeks grant of anticipatory bail in the proceedings arising from FIR No. 0098/2025, registered under Sections 318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023² at P.S. Palam Village.

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The impugned FIR was registered pursuant to the statement of one Smt. Kranti Devi, who alleged that on 16^th February, 2025, at approximately 03:45 PM, while she was out for a walk, two unknown women approached her and began speaking with her. They then made her sit in an e-rickshaw, where one man was already seated and the other was driving. The women asked her to remove her jewellery and took her ring, chain, two bangles, and

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1 “BNSS”

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2 “BNS”

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Page 1 of 4

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BAIL APPLN. 1314/2025

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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 01/07/2025 at 00:34:39

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earrings, which the accused persons retained with them. They then handed her a bundle wrapped in a handkerchief, and when she opened it, she discovered it contained a stone and glass bangles. The aforementioned individuals deceived the Complainant and fraudulently took her jewellery.

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Counsel for the Applicant contends that the Applicant is a young boy aged 24 years, who is working as a gym trainer. He emphasizes that the Applicant is innocent and has not been named in the FIR. In fact, the Applicant became aware of the registration of the present FIR only when police officials visited his residence and informed his parents. It is further submitted that the Applicant has a clean record and no prior criminal antecedents.

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On the previous occasion, taking note of the Prosecution’s stand, this Court had directed the Applicant to join the investigation and submit his mobile phone to the Investigating Officer for analysis. In compliance with the said order, the Applicant appeared before the Investigating Officer and deposited his mobile phone, which has since been sent for forensic examination. Although the Applicant is not currently required to appear for further investigation, counsel for the Applicant undertakes that the Applicant shall remain available and appear before the Investigating Officer as and when required.

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Further, the Court has been apprised that all the other co-accused have been granted regular bail by the Trial Court.

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The Supreme Court has repeatedly emphasized that the provision of anticipatory bail, under Section 482 BNSS, is rooted in Article 21 of the Constitution, which guarantees personal liberty. This calls for a liberal interpretation of the provision, upholding the fundamental principle that

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Page 2 of 4

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BAIL APPLN. 1314/2025

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every individual is presumed innocent until proven guilty. Section 482 aims at protecting the personal liberty of an individual, who, at the time of seeking anticipatory bail, has not been convicted of the alleged offence and is entitled to the presumption of innocence.³ In the present case, it is imperative to emphasize that the Applicant is a young individual aged 24 years with no criminal antecedents, who has duly cooperated with the investigation. It is further noted that the all the accused persons have already been granted regular bail by the Trial Court. Accordingly, in the totality of circumstances, the Court finds it to be a fit case for the grant of anticipatory bail. The application is, therefore, allowed.

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In view of the foregoing, the application is, therefore, allowed. The Applicant, in the event of arrest, is directed to be released on bail on furnishing a bail bond for a sum of ₹25,000/- with one surety of the like amount subject to the satisfaction of the concerned SHO, on the following conditions:

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a. The Applicant shall join and cooperate with the investigation as and when directed by the IO;

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b. The Applicant shall not leave the boundaries of the country without informing the IO/ SHO concerned;

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c. The Applicant shall not contact the witnesses or tamper with the evidence in any manner;

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d. The Applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times;

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In the event of there being any FIR/DD entry / complaint lodged

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3 Gurbaksh Singh Sibbia and Others v. State of Punjab, (1980) 2 SCC 565; Siddharam Satlingappa Mhetre v. State of Maharashtra and Others, (2011) 1 SCC 694.

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BAIL APPLN. 1314/2025

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against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail.

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It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.

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