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Delhi High Court
Modassir Kazmi vs Govt. Of Nct Delhi Through Ps South ... on 22 January, 2026
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.01.2026
+ BAIL APPLN. 278/2026
MODASSIR KAZMI .....Petitioner
Through: Mr. Rajan Chaudhary and Mr.
Pratyaksh Kumar, Advocates
versus
GOVT. OF NCT DELHI THROUGH PS SOUTH CAMPUS & ANR.
.....Respondents
Through: Mr. Raghuinder Varma, APP for State
with SI Kamal Kant, Anti Snatching
Cell/South-West
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case e-FIR No.
80078446/2025 of PS South Campus for offence under Section
303(2)/318(4)/3(5) BNS.
2. I have heard learned counsel for accused/applicant as well as learned
APP for State assisted by IO/SI Kamal Kant.
BAIL APPLICATION 278/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.22 17:56:49 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
3. Broadly speaking, the allegation against the accused/applicant is that
he along with his brother and other associates were dealing in stolen mobile
phones by way of changing the IMEI numbers and selling the same further.
Further as per prosecution, in the course of investigation, a raid was
conducted at the shop owned by the accused/applicant and stolen mobile
phones were recovered from there.
4. Learned counsel for accused/applicant submits that he is innocent and
has been falsely implicated merely because he is the owner of the shop from
where mobile phones were being sold by his brother Muzammil. It is
submitted by learned counsel that the accused/applicant had no role in the
mobile phone business of Muzammil. Learned counsel for accused/
applicant also argued that there are no antecedents, which would disentitle
the accused/applicant anticipatory bail. Since the exercise of recovery of
mobile phones has already been concluded, there is no need to arrest the
accused/applicant, as per learned counsel.
5. On the other hand, learned APP for State, strongly opposing the
anticipatory bail application has produced before me bank records of Axis
Bank according to which the business of mobile phones being run by the
accused/applicant had business transactions of more than Rs.4,00,00,000/-.
Further, learned APP for State has also shown me the printouts of WhatsApp
chats screenshots between the accused/applicant and co-accused persons
reflecting the exchange of messages even as regards change of IMEI
numbers. On instructions of IO, learned APP for State submits that custodial
BAIL APPLICATION 278/2026 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
cn=GIRISH KATHPALIA
Date: 2026.01.22 17:56:36 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
interrogation of the accused/applicant is required to understand the modus
operandi adopted by the accused/applicant to change the IMEI numbers of
the stolen mobile phones and also to find out if there are more stolen mobile
phones kept elsewhere by the accused persons.
6. At this stage, learned counsel for accused/applicant contends that in
the status report filed before the Court of Sessions, the IO never alleged that
the subject mobile phones were stolen ones, so now new case is being set
up. This submission of learned counsel is totally contrary to the last
paragraph of the said status report. Besides, if the subject mobile phones are
not the stolen ones, one wonders as to why somebody would try to change
IMEI numbers.
7. In view of above circumstances, especially the pendency of
investigation and need for custodial interrogation, I do not find it a fit case to
grant anticipatory bail. The anticipatory bail application is therefore
dismissed.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.22 17:56:21 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 22, 2026/as
BAIL APPLICATION 278/2026 Page 3 of 3 pages
