BAIL APPLN./2667/2025 of KUSH VERMA Vs THE STATE NCT OF DELHI

*INTHEHIGHCOURTOFDELHIATNEWDELHI+BAIL APPLN. 2667/2025 & CRL.M.A. 20731/2025KUSH VERMA.....Petitioner

Through:Mr. Rajeev Kumar, Ms. Priya Singhand Mr. Sanjay Tyagi, Advocates.and Mr. Sanjay Tyagi, Advocates.

versus

THE STATE NCT OF DELHI

.....Respondent

Through:Mr. Mukesh Kumar, APP.SI Sachin Mudgal, P.S. Karol Bagh.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R R27.08.2025

1.The present application filed under Section 528 of the BharatiyaNagarik Suraksha Sanhita, 2023[1](corresponding to Section 482 of the Codeof Criminal Procedure, 1973[2]) seeks pre-arrest bail in the proceedingsarising out of FIR No. 839/2025, registered under Sections 318(4)/3(5) ofthe Bharatiya Nyaya Sanhita, 2023[3]at P.S. Karol Bagh, Delhi.

2.Taking note of the factual background, the Court had granted interimprotection to the Applicant, vide order dated 21[st]July, 2025, while directinghim to join the investigation. Paragraph Nos. 5 and 6 of the said order, readas follows:

5.The aforesaid FIR has been lodged on complaint made byPradeep Roy against Rajendra Sharma, Digvijay Kaura @ Vishu and

1 “BNSS”

2 “CrPC”

3 “BNS”

Rajesh Kumar Jaishwal wherein it was alleged that Rajendra SharmaalongwithRajeshKumarJaishwalgainedthetrustoftheComplainant and thereafter, gold was sold to them on the assurancethat the payments made by them through cheques would be dulyhonoured. However, when the cheques were presented, the same weredishonoured on account of insufficient funds in the bank account.During investigation, Digvijay Kaura @ Vishu disclosed that the goldreceived from the Complainant was handed over to the Applicant.

6.Counsel for the Applicant states that the Applicant is willing tocooperate in investigation. Considering the above, it is directed thatthe Applicant shall appear before the Investigating Officer tomorrowat 4:00 PM. In the meantime, no coercive steps shall be taken againstthe Applicant, subject to the Applicant joining the investigation as andwhen directed by the Investigation Officer. It is also directed that theapplicant shall not leave GNCTD without prior permission of theTrial Court.”

3.In compliance with the aforenoted directions, the Applicant hadappeared before the Investigating Officer.

4.Mr. Mukesh Kumar, APP for the State, submits that the investigationis now almost complete and the chargesheet shall be filed shortly. TheApplicant’s presence is no longer necessary.

5.The Court has considered the facts of the case and the submissionsadvanced. It is well established through catena of judgments by the SupremeCourt that the object of granting bail is neither punitive nor preventative.The primary aim sought to be achieved by bail is to secure the attendance ofthe accused person at the trial.[4]

6.In view of the foregoing, the application is, therefore, allowed. TheApplicant, in the event of arrest, is directed to be released on bail onfurnishing bail bond for sum of INR 25,000/- with two sureties of the

4 See also: Sanjay Chandra v. CBI, (2012) 1 SCC 40; Satender Kumar Antil v. Central Bureau ofInvestigation, (2022) 10 SCC 51.Investigation, (2022) 10 SCC 51.

like amount subject to the satisfaction of the concerned SHO, on thefollowing conditions:

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

b.The Applicant shall not leave the boundaries of the country withoutinforming the IO/ SHO concerned;

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

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

7.In the event of there being any FIR / DD entry / complaint lodgedagainst the Applicant, it would be open to the State to seek redressal byfiling an application seeking cancellation of bail.

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

9.Accordingly, the present application is disposed of along with anypending application(s).

AUGUST 27, 2025

SANJEEV NARULA, J