Delhi High Court
Mobinuddin Shaikh vs State Of Nct Of Delhi on 6 June, 2025
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 06.06.2025
+ BAIL APPLN. 4119/2024
MOBINUDDIN SHAIKH .....Applicant
Through: Mr. Rudra Vikram Singh, Mr.
Tarshith Bhardwaj, Ms. Neetu
Rani and Ms. Rashmi,
Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Yudhvir Singh Chauhan,
APP for State with Insp.
Kuldeep Bhoriya, EOW.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% JUDGEMENT (Oral)
HARISH VAIDYANATHAN SHANKAR, J.
1. The present application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 20231 (Section 439 of the Code of
Criminal Procedure, 19732), has been filed by the Applicant/
Accused seeking regular bail in FIR No. 77/2023 dated 14.10.2023,
registered at Police Station – Economic Offences Wing, Delhi, for
offences punishable under Sections 406, 420, 467, 468, 471, 120-B,
and 34 of the Indian Penal Code, 18603.
2. The FIR was lodged on the basis of a complaint filed by the
Deputy Commissioner (Refund), Air Cargo Complex (Import), New
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BNSS
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Cr.P.C.
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BHATIA
Signing Date:07.06.2025
18:55:22
Customs House, near IGI Airport, New Delhi.
3. After the completion of the investigation, additional offences
under Sections 411 and 201 IPC were also invoked vide chargesheet
dated 12.01.2024.
4. As per the complainant, its office generated Scroll No. 09-2023-
24 dated 12.09.2023, reflecting a refund amount of Rs.9,87,85,008/- in
favour of the importer M/S SKG Enterprises. The said Scroll, along
with a cheque for the said amount, was sent to Punjab National Bank
for disbursement.
5. As per case of the prosecution, upon examination of the
disbursal details under Scroll No. 09/2023-24, it was revealed that the
refund amount was diverted and disbursed not only to the intended
beneficiary but also to three other entities, including Micro Info
Private Limited. The Applicant is stated to be the account holder of
Micro Info Private Limited, which allegedly received portion of the
misappropriated funds from the accounts of the Excise and Customs
Department.
6. In connection with the said allegations, the Applicant was
arrested on 23.10.2023 and has remained in judicial custody since
then.
7. Mr. Rudra Vikram Singh, learned counsel for the Applicant,
submits that several co-accused persons named in the same FIR have
already been granted bail. In particular, he draws the Court’s attention
to the judgment dated 01.05.2025 passed by the learned Single Judge
of this Court in Bail Application No. 4475/2024 titled Amit Agrawal
v. State of NCT of Delhi & Ors., whereby the co-accused Amit
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IPC
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BHATIA
Signing Date:07.06.2025
18:55:22
Agrawal was granted regular bail.
8. Learned counsel for the Applicant further submits that another
co-accused, Ms. Pooja Ghosh, was granted bail by the Chief
Metropolitan Magistrate, Patiala House Courts, New Delhi, vide order
dated 20.04.2024.
9. Learned counsel for the Applicant also points out that similarly
placed co-accused persons, namely, Mr. Prasenjit Mitra and Mr.
Deepesh Chamoli, have been enlarged on bail vide order dated
08.08.2024 passed by the learned Single Judge of this Hon’ble Court,
and order dated 09.02.2024 passed by the Chief Metropolitan
Magistrate, Patiala House Courts, New Delhi, respectively.
10. This Court heard learned counsel for the Applicant, learned
APP for the State and learned counsel for the Complainant.
11. This Court notes that the co-accused persons, who have been
implicated in the same FIR and whose alleged role in the commission
of the offence are identical or substantially similar to that of the
present Applicant, have already been granted the regular bail by a Co-
ordinate Bench of this Court or Chief Metropolitan Magistrate, Patiala
House Courts, New Delhi.
12. This Court is of the considered view that the law does not
permit adoption of dual standards for accused persons who are
similarly placed in respect of the allegations levelled against them. No
distinguishing fact or circumstance has been pointed out by the
Prosecution to demonstrate that the case of the present Applicant
stands on a different footing from that of the co-accused.
13. In such circumstances, the principle of parity squarely applies.
Once it is established that the co-accused, assigned a similar role, has
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BHATIA
Signing Date:07.06.2025
18:55:22
already been enlarged on bail, it would be unjust and discriminatory to
deny the same relief to the present Applicant.
14. Accordingly, in view of the parity in role and absence of any
aggravating factor particular to the Applicant, this Court is of the
opinion that the Applicant also deserves to be released on regular bail.
15. In view of the above, the Applicant shall be released on bail on
the following terms and conditions:
(i) The Applicant shall furnish a personal bond in the sum of
Rs.5,00,000/- (Rupees Five Lacs Only) with 02 sureties in
the like amount from family members, subject to the
satisfaction of the learned Trial Court;
(ii) The Applicant shall furnish to the Investigating Officer, a
cellphone number on which the Applicant may be contacted
at any time and shall ensure that the number is kept active
and switched-on at all times;
(iii) If the Applicant has a passport, he shall surrender the same
to the learned Trial Court and shall not travel out of the
country without prior permission of the learned Trial Court;
(iv) The Applicant shall not contact, nor visit, nor offer any
inducement, threat or promise to any of the prosecution
witnesses or other persons acquainted with the facts of case.
(v) The Applicant shall not tamper with evidence nor otherwise
indulge in any act or omission that is unlawful or that would
prejudice the proceedings in the pending trial;
(vi) In case of any change in his residential address/contact
details, the Applicant shall promptly inform the
Investigating Officer in writing; andSignature Not Verified
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BHATIA
Signing Date:07.06.2025
18:55:22
(vii) The Applicant shall not open or close any bank account,
without giving to the Investigating Officer a 30 days prior
written notice; and would furnish to the Investigating
Officer the full particulars of any such action that he may
take.
16. Needless to state that this order shall not be construed as an
expression of opinion on the merits of the pending case.
17. A copy of this order be sent to the concerned Jail
Superintendent forthwith, for information and compliance.
18. The Bail Application 4119/2024 is disposed of, in the above
terms.
HARISH VAIDYANATHAN SHANKAR, J
(VACATION JUDGE)
JUNE 6, 2025/sm/er
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR BAIL APPLN. 4119/2024 Page 5 of 5
BHATIA
Signing Date:07.06.2025
18:55:22
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