[Cites 6, Cited by 0]
Delhi High Court
Subhash @ Subhash Chand vs State Of Govt Of Nct Of Delhi on 19 January, 2026
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.01.2026
+ BAIL APPLN. 215/2026, CRL.M.A. 1746/2026 & 1747/2026
SUBHASH @ SUBHASH CHAND .....Petitioner
Through: Mr. Manish Kumar and Mr. Avinash
Sharma, Advocates
versus
STATE OF GOVT OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with IO/Inspector Lalit Kumar, PS
DIU/East
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. The accused/applicant seeks regular bail in case FIR No.220/2025 of
PS Ghazipur for offence under Section 420/467/468/471/120B/34 IPC.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by IO/Inspector Lalit Kumar.
3. Broadly speaking, the allegation against the accused/applicant is as
follows. The now deceased mother of the complainant de facto was
defrauded by the accused/applicant in the month of June-July 2024 by the
BAIL APPLICATION 215/2026 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb48
35d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e
ee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.19 18:10:52 -08'00'
accused/applicant, who was working as a property dealer and got their house
bearing No. B-127, G.D. Colony, Mayur Vihar, Delhi vacated and sold the
same, after depositing some money in the bank account of mother of the
complainant de facto and depositing the remaining entire sale consideration
in his company's account. Thereafter, the accused/applicant shifted the
complainant de facto and her mother to a rented flat, assuring to pay rent of
the same and promising to build another house for them at plot no. 233,
Block C-1, New Kondli, Delhi within six months. For that purpose, an
Agreement to Sell also was executed between the accused/applicant and the
now deceased mother of the complainant de facto. Subsequently, the
accused/applicant also executed an Agreement to Sell and attendant
documents in favour of the now deceased mother of the complainant de
facto with regard to plot no. 233, Block C-1, New Kondli, Delhi and in that
regard he also took Rs.61,50,000/- from her. But neither any house was
constructed on the said plot no. 233, Block C-1, New Kondli, Delhi, nor the
amount was returned by the accused/applicant. On account of shock, mother
of the complainant de facto passed away after which the accused/applicant
in presence of witnesses issued a cheque to refund the amount of
Rs.61,50,000/-, but that cheque bounced.
4. It is contended on behalf of accused/applicant that he is in custody
since July 2025 and chargesheet has already been filed, citing 19
prosecution witnesses, so trial would not conclude soon. It is further
contended by learned counsel for accused/applicant that the alternate
property, which is plot no. 233, Block C-1 New Kondli, Delhi was allotted
BAIL APPLICATION 215/2026 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4
35f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60
402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.19 18:11:16 -08'00'
to one Teekaram by DDA and he sold the same to Kishan Chand and Kishan
Chand sold the same to the accused/applicant and the same was sold away
by him to the mother of the complainant de facto. It is further contended
that the accused/applicant did not commit any fraud or forgery as alleged by
prosecution.
5. On the other hand, learned APP for State submits that five more
accused persons are involved in this case but they are not traceable, so their
arrest is awaited. It is also contended with the help of material collected
during investigation that according to DDA, the alleged plot no. 233, Block
C-1, New Kondli, Delhi was an open plot of land, not occupied by anyone
and was never allotted to the accused/applicant. It is contended that the
accused/applicant forged the allotment letter issued by DDA and sold away
the same by way of an Agreement to Sell and other documents after forging
the signatures of mother of the complainant de facto as well as signatures of
the alleged witnesses. It is also contended by learned APP for State, on
instructions of the IO that not just the alleged allotment letter issued by
DDA is a forged one, but also that neither Teekaram nor Kishan Chand nor
any of the witnesses whose name appeared as witnesses are traceable.
6. Learned APP for State also strongly opposes the bail application
because further investigation to trace out the trail of money is continuing
and in the process, the accused/applicant also gave in writing to the
complainant de facto that he wanted to settle the dispute, so he was issuing
her a cheque of Rs.61,50,000/- but that cheque also got bounced. With
BAIL APPLICATION 215/2026 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835
d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2ee
e60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.19 18:11:33 -08'00'
regard to that cheque, learned counsel for accused/applicant submits that the
same was pertaining to some loan transaction.
7. Considering the overall circumstances, I do not find it a fit stage to
release the accused/applicant on bail. Therefore, the Bail Application is
dismissed. The accompanying applications also stand disposed of.
8. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.01.19 18:11:47 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 19, 2026/as
BAIL APPLICATION 215/2026 Page 4 of 4 pages
