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Delhi High Court
Nitin Kaushik vs The State Nct Of Delhi on 2 April, 2026
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2026
+ BAIL APPLN. 2786/2025 & CRL.M.A. 21726/2025
NITIN KAUSHIK .....Petitioner
Through: Mr. Ashish Kumar and Mr. Narender
Singh, Advocates.
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Deepak, PS DIU.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No.
306/2024 of Police Station Shahbad Dairy, Delhi for offence under Section
419/420/467/468/471/120B/34 IPC.
1.1 This bail application came up for the first hearing on 28.07.2025
before the predecessor bench and thereafter continued getting adjourned
before different benches. Along with 179 such old pending bail applications,
this application also was transferred to this bench.
BAIL APPLN. 2786/2025 Page 1 of 5 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.02 18:01:15 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:02.04.2026
18:08:56
1.2 Today is the first hearing before me.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by IO/SI Deepak.
3. Broadly speaking, prosecution case is as follows. The complainant de
facto Smt. Anjali Jain lodged a complaint alleging that she came to know
from a local property dealer that someone had forged title documents of her
immovable property and was trying to sell away the same. The complainant
de facto further alleged that she saw the alleged title document, which is a
registered sale deed on the official website of Delhi Government. According
to the complainant de facto, the said sale deed dated 21.10.2022 falsely
portrayed her as the vendor, and someone had impersonated in her name and
fabricated the sale deed with false identity documents and PAN details.
Further, it was revealed during investigation, that on the basis of the said
allegedly forged sale deed, someone had availed housing loan from LIC
Housing Finance Ltd. Thus, according to prosecution, the victims of the
alleged fraud and forgery were the complainant de facto and the LIC
Housing Finance Ltd. During investigation, from loan records of LIC
Housing Finance Ltd., it was found that one Hemlata Chaudhary had applied
for loan on the basis of those allegedly forged title documents and a loan of
Rs. 90,00,000/- was sanctioned and credited into her account. The
investigation found that accused Vishnu Babu was the verifier of Hemlata
Chaudhary and he was arrested. The accused Vishnu Babu in his disclosure
statement alleged that the present accused/applicant (Nitin) and three more
BAIL APPLN. 2786/2025 Page 2 of 5 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.02 18:01:04 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:02.04.2026
18:08:56
persons had conspired together. During further investigation, the loan
facilitator Pawan was interrogated and he stated having received illegal
gratification of Rs. 2,00,000/- for facilitating the loan and that amount was
received partly in cash and partly through banking channels from the present
accused/applicant. The accused Pawan also stated that the present
accused/applicant had sent him, on mobile phone, copies of the allegedly
forged title documents and other documents related to identity and work
profile of Hemlata.
4. Against the above backdrop, learned counsel for accused/applicant
submits that the accused/applicant is innocent and has been falsely
implicated in this case, without any role. It is alleged that there is no
material collected in investigation to show that the accused/applicant was in
any manner a party to forge the subject title documents and there is also no
evidence to show any financial connection between him and co-accused
Pawan.
5. Learned APP for State contends that the accused/applicant was
involved in facilitation of loan in favour of Hemlata Chaudhary on the basis
of forged title deeds. It is also submitted that mobile phones of Pawan and
the accused/applicant were seized by the IO and the same have been sent to
FSL. Learned APP for State also submits that there are bank transactions
between the accused Pawan and the present accused/applicant, which show
his complicity.
BAIL APPLN. 2786/2025 Page 3 of 5 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.02 18:00:51 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:02.04.2026
18:08:56
6. In nutshell, the allegation against the present accused/applicant is that
he conspired with the other accused persons in obtaining loan on the basis of
allegedly forged title documents and the only evidence against him is
pictures of the allegedly forged title documents in his mobile phone. The IO
submits that he did not retain mirror image of the contents of the mobile
phone of Pawan and/or the present accused/applicant before sending the
same to FSL and admittedly, FSL on account of its heavy work load is not
expected to deliver report soon. As regards the money allegedly received by
Pawan from the present accused/applicant, despite specific submissions in
the status report that a part of that amount was paid through bank, no bank
statement has been shown to me. Most importantly, there is nothing to rule
out that the accused/applicant himself was under mistaken impression that
the title documents, which (even if it is believed) he transmitted over mobile
phone to Pawan were genuine documents.
7. Considering the overall circumstances mentioned above, I find no
reason to deny liberty to the accused/applicant.
8. Therefore, the application is allowed and it is directed that in the
event of his arrest, the accused/applicant shall be released on bail, subject to
his furnishing a personal bond in the sum of Rs. 20,000/- with one surety in
the like amount to the satisfaction of the IO/SHO concerned. It is also
directed that the accused/applicant shall join investigation as and when
directed in writing by the IO.
BAIL APPLN. 2786/2025 Page 4 of 5 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa
, cn=GIRISH KATHPALIA
Date: 2026.04.02 18:00:40 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:02.04.2026
18:08:56
9. Nothing observed in this order shall be read to the prejudice of either
side at the stage of final arguments.
10. Pending application also stands disposed of.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626ca
cca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.02 18:00:28 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 2, 2026/dr
BAIL APPLN. 2786/2025 Page 5 of 5 pages
