[Cites 0, Cited by 0]
Delhi High Court
Jagdish Kishore vs State (Nct Of Delhi) on 10 March, 2026
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 10.03.2026
+ BAIL APPLN. 4625/2025
JAGDISH KISHORE .....Petitioner
Through: Mr. Irfan Ahmad, Advocate
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Sunil Gaur, PS Safdarjung
Enclave
Mr. Vikas Tomar, counsel for
complainant de facto
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR
No.259/2025 of Police Station Safdarjung Enclave for offence under Section
316(4)/318(4)/344 BNS.
2. Despite last order, status report has not been filed. The IO/SI Sunil
Gaur admits that the accused/applicant joined investigation in furtherance of
last order, but also submits that the accused/applicant did not cooperate in
the interrogation.
BAIL APPLN. 4625/2025 Page 1 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
fec45569af3962c6fb4835d435f97626ca
cca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
Digitally Signed d15570996b40f80cbd2eee60402c4879
65ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:19:00 -07'00'
By:NEETU N NAIR
Signing Date:10.03.2026
17:40:58
3. The decision of the State not to file status report conveys that they are
not seriously interested in opposing the present anticipatory bail application.
4. I have heard learned counsel for accused/applicant as well as learned
APP for State and learned counsel for complainant de facto.
5. Broadly speaking, the allegation against the accused/applicant is that
while working as a Finance Officer with an NGO, he embezzled money by
preparing fake bills/invoices/vouchers and by altering and deleting the
entries from the Tally system in the computers of the NGO. It is also alleged
that the accused/applicant destroyed certain documents to conceal his fraud
and some of those documents were retrieved from the waste bin.
6. Learned counsel for accused/applicant submits that the money
transferred into his account was on directions of the complainant de facto for
being used in the activities of the NGO and the same was done by him.
7. Learned APP for State submits that the offence alleged against the
accused/applicant being a serious one, it is not fit case to grant anticipatory
bail.
7.1 However, on instructions of IO, it is also stated by learned APP for
State that the IO has not collected any bills/invoices/vouchers which are
alleged to be fake. It is also admitted by learned APP for State that the IO
has not even seized the hard disk of the computers of the complainant de
facto till date for forensic analysis regarding the alleged alterations done in
the Tally system. It is also admitted by the IO that the complainant de facto
BAIL APPLN. 4625/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
Digitally Signed fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:18:50 -07'00'
By:NEETU N NAIR
Signing Date:10.03.2026
17:40:58
never delivered to him, the documents allegedly retrieved by the
complainant de facto from waste bin of their office.
8. Learned counsel for complainant de facto also admits that neither any
document nor the hard disks of the computers of the NGO were delivered by
them to the IO for investigation.
8.1 As regards the money allegedly embezzled by the accused/applicant,
it is submitted by learned counsel for complainant de facto that the said
money was to the total tune of Rs.13,79,360/-, which was transferred to the
bank account of the accused/applicant and two other persons across a period
from the year 2023 to 2024. In the bank account of the accused/applicant,
the amount which was transferred was Rs.6,18,459/- and that amount was
transferred according to the IO, by way of multiple credit entries ranging
from Rs.5,000/- to Rs.10,000/- across a number of months. But despite
flipping through pages, the IO is unable to disclose specific dates or months
when that amount was credited to the bank account of the accused/applicant.
8.2 At this stage, the IO makes it clear that no amount was credited in the
bank account of the accused/applicant till January 2024. It is informed by
the IO that the first credit entry from the complainant de facto to the bank
account of the accused/applicant is dated 04.01.2024 for a sum of
Rs.10,000/-.
9. The manner in which the case is being investigated is vital for present
purposes in order to ascertain if the accused/applicant is being made
scapegoat. As on date, despite the investigation being pending for about
BAIL APPLN. 4625/2025 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
Digitally Signed serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965ff
By:NEETU N NAIR 801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:18:40 -07'00'
Signing Date:10.03.2026
17:40:58
eight months, there is no cogent material collected by the IO on the basis
whereof the accused/applicant be denied liberty.
10. As regards submission of the IO that the accused/applicant has been
joining investigation but not cooperating, the accused/applicant cannot be
saddled with a duty not to be smart in responding to the questions of the
interrogator. If the interrogator is not well conversed how to interrogate, the
accused/applicant cannot be faulted with.
11. Considering the overall circumstances as described above, I find no
reason and/or material to deprive the accused/applicant liberty.
12. 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.10,000/- with one surety in the
like amount to the satisfaction of the IO/SHO concerned.
13. It is directed that the accused/applicant shall join investigation as and
when directed in writing by the IO.
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=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.10 17:18:28 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 10, 2026/as
BAIL APPLN. 4625/2025 Page 4 of 4 pages
