Afsar Ali Vs State of NCT of Delhi

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 4686/2025 AFSAR ALI .....Petitioner Through: Mr. Mahboob Inayata with Mr. Aasim Ali and Mr. Shoaib Khan, Advocates.

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versus

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STATE OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for the State. Mr. Gurusharan Singh, Advocate for the complainant via videoconferencing.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 08.01.2026

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By way of the present petition filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks anticipatory bail in case FIR No.293/2025 dated 02.06.2025 registered under sections 420/467/468/120-B of the Indian Penal Code 1860 (‘IPC’) at P.S.: Welcome, North East Delhi.

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Notice on this petition was issued vide order dated 04.12.2025, pursuant to which Status Report dated 25.12.2025 has been filed in the matter.

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Though no reply has been filed by the complainant, Mr. Gurusharan Singh, learned counsel appearing for the complainant (Mohd. Naved Pasha) has joined the proceedings via video-conferencing and has been heard.

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BAIL APPLN. 4686/2025

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Page 1 of 4

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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 12/01/2026 at 11:38:22

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The court has heard Mr. Mahboob Inayata, learned counsel for the petitioner; Ms. Shubhi Gupta, learned APP for the State; as well as learned counsel appearing on behalf of the complainant.

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Mr. Inayata submits, that a perusal of the subject FIR would show that the only allegation against the petitioner – Afsar Ali – is, that on 16.11.2024 the complainant visited the house of Afsar Ali to demand refund of money from his daughter (Safia Sheikh); whereupon, the complainant alleges, the petitioner and his daughter refused to refund the money and also threatened to implicate the complainant in a false case and to kill him.

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Learned counsel submits, that a perusal of the subject FIR would show, that there is no whisper of any other allegation against the petitioner; though several allegations have been made against his daughter, who is already in judicial custody.

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Mr. Inayata also submits, that no material or evidence has come forth in the course of investigation in support of the allegations levelled against the petitioner in the subject FIR. Learned counsel states that the petitioner has been called for investigation on 03 occasions; and on each occasion, he has duly presented himself for investigation before the Investigating Officer (‘I.O.’).

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Ms. Gupta, learned APP submits, that it is correct that the petitioner has appeared before the I.O. as and when called in the course of investigation; but it transpires that certain monies, which are stated to have been taken by the petitioner’s daughter from the complainant, have been remitted into the bank account of the petitioner, which bank account and transactions are yet to be verified.

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BAIL APPLN. 4686/2025

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Page 2 of 4

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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 12/01/2026 at 11:38:22

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Learned counsel appearing for the complainant supports the submissions made by the learned APP.

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Upon a conspectus of the circumstances obtaining in the matter, and in particular the fact that the allegations in the subject FIR insofar as they relate to the petitioner, are essentially in the nature of ancillary allegations, and no evidence or material has come-forth in the course of investigation in support of those allegations, this court is inclined to allow the present petition seeking anticipatory bail, thereby directing that in the event of his arrest, the petitioner shall be admitted to bail by the I.O./Arresting Officer (‘A.O.’) subject to the following conditions:

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10.1. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 01 surety in the like amount from a family member to the satisfaction of the I.O./A.O.;

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10.2. The petitioner shall furnish to the I.O. a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

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10.3. If the petitioner has a passport, he shall surrender the same to the I.O. and shall not travel out of the country without prior permission of the learned trial court; and

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10.4. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge

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BAIL APPLN. 4686/2025

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Page 3 of 4

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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 12/01/2026 at 11:38:22

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in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

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The petition stands disposed-of in the above terms.

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Pending applications, if any, also stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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JANUARY 8, 2026 ds

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BAIL APPLN. 4686/2025

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Page 4 of 4

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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 12/01/2026 at 11:38:22

Afsar Ali v. State of NCT of Delhi

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Afsar Ali v. State of NCT of Delhi

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