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Delhi High Court
Amit Pandey vs State Nct Of Delhi on 23 July, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 21st July, 2025
Pronounced on: 23rd July, 2025
+ BAIL APPLN. 2110/2025
AMIT PANDEY
S/o Sh. O.P. Pandey
R/o Flat No. 110, Milansar Apartment
Paschim Vihar, New Delhi
.....Petitioner
Through: Mr. Sunil Kumar and Mr. Mayank
Pandey, Advocates.
versus
STATE NCT OF DELHI.
Through SHO Police Station
Special Cell, Lodhi Road
Meharchand Market, Lodhi
Colony, New Delhi, Delhi
110003 .....Respondent
Through: Mr. Utkarsh, APP for the State with
Insp. Sunil, IFSO Special Cell and
SI Dhananjay Dubey, South-East
District.
Mr. Kuldeep Nain, Advocate for
Complainant.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1. First Bail Application under Section 439 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as “CrPC“)/Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
BAIL APPLN. 2110/2025 Page 1 of 9
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
“BNSS”) has been filed on behalf of the Applicant Amit Pandey seeking
Regular Bail in FIR No. 184/2024 dated 01.05.2024 under Section
419/420/468/471/120B of the Indian Penal Code, 1860 (hereinafter referred
to as “IPC“) registered at PS Special Cell.
2. It is submitted that the Applicant is a peace loving and law-abiding
citizen and a false FIR No. 184/2024 dated 01.05.2024 was lodged at the PS
Special Cell. The Applicant is in custody since 06.08.2024.
3. The case of the Prosecution is that in the year 2021, the Complainant
Datar Singh met one Yogendra through a known person. Yogendra
introduced the Complainant to one Amrendra Kumar. Amrendra Kumar and
Applicant met the Complainant who allegedly paid Rs. 35,00,000/-to them
for securing a CNG Pump in the name of Complainant. Thereafter, they kept
on demanding money and ultimately a total sum of Rs. 1,79,80,500/- was
paid by Complainant by way of online transfers, cheque etc. and Rs.
60,00,000/- was paid by way of cash in lieu of which the accused persons
sent him certain documents purportedly on behalf of Indraprastha Gas
Limited (IGL), which were found to be forged.
4. It is submitted that as per the case of the Prosecution, the Applicant
has cheated the Complainant for a sum of Rs. 35,00,000/-, allegedly in the
name of securing a CNG Pump in the name of the Complainant, Datar
Singh, but not even a single penny has been transferred to the account of the
Applicant. The Police has not been able to verify the source of the cash
amount of Rs. 60,00,000/- nor is there any statement to the effect that the
Complainant had such cash readily available. The story of the prosecution is
false and fabricated.
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Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
5. Furthermore, there is an unexplained delay in the registration of FIR,
as the alleged payment was made in the June, 2021 but the FIR was lodged
only on 01.05.2024.
6. It is asserted that the Applicant was known to the Complainant and he
had entered into Loan Agreement of Rs. 5,00,000/- with the Complainant
and he also used to help him in other works and the present FIR is false and
fabricated.
7. The Bail is sought on the grounds that during the investigation proper
procedure has not been followed as envisaged under Cr.PC. The Prosecution
is relying on the WhatsApp chats, which are inadmissible in evidence.
8. The Applicant is not likely to tamper the evidence which is largely
documentary which has already been collected and forms the part of the
Chargesheet. Nothing has been recovered from the possession or at the
instance of the Applicant and he has clean antecedents and has no criminal
history. It is submitted that the investigation pertaining to the Applicant is
over and the Chargesheet has been filed. In P. Chidambaram v. Directorate
of Enforcement, (2020) 13 SCC 791, it was observed by the Apex Court that
as the chargesheet has been filed which means that everything is
documented and is in the custody of the Investigation Agency and hence, the
Petitioner will not be able to influence the witnesses and temper evidence.
Reliance has also been placed on Sangitaben Shaileshbai Datanata v. State
of Gujarat, (2019) 14 SCC 522. In Sanjay Chandra v. C.B.I. (2012) 1 SCC
40 as well, the Apex Court has observed that after filing of chargesheet, the
Accused deserves to be released on Bail.
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Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
9. The offences are triable by the Ld. Magistrate and there is no
likelihood of trial getting over in the near future, as there are 43 Prosecution
witnesses.
10. Reliance has been placed on the judgement in Anwar Ali v. State of
Chhattisgarh (2008) 16 SCC 501 and Manish Sisodiya v. Enforcement
Directorate, 2024 SCC Online 1920, wherein the Apex Court has
emphasized that Bail cannot be withheld as a punitive measure and that
custody is unwarranted when further interrogation is unnecessary.
11. Reliance has also been placed on Narendra Singh and Anr. v. State of
M.P. (2004) 10 SCC 699 and S. Ganesan v. Rama Raghuraman (2011) 2
SCC 83 wherein the Apex Court has observed that presumption of
innocence is a human right.
12. Time and again the Apex Court has held that procedure which keeps
large number of people behind the bars without trial for long, cannot be
regarded as “reasonable, just, fair” so as to be in conformity with the under-
trial prisoners being detained in custody for an indefinite period is gross
violation of Article 21 of the Constitution of India.
13. It is submitted that the Bail ought not to be denied only on the
perceived apprehension by the Court that the Applicant, if restored to liberty
would tamper with the evidence. There must be some prima facie evidence
on record or reasonable and justifiable grounds to believe that in case the
benefit of bail is extended to an accused, he is going to misuse his liberty, or
he would create conditions which are no conducive to hold a fair trial.
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Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
14. The Applicant has a fixed place of lodging and boarding at the
mentioned address. The Applicant is not likely to commit any offence or
tamper with the evidence if he is enlarged on bail or abuse discretion shown
by this Court and shall not commit breach of any of the terms and condition
which may be imposed by this Court.
15. The parity is also claimed as the Co-accused Amar Singh Pippal was
granted Regular Bail by this Court vide Order dated 08.05.2025. The other
co-accused Deepak Singh Bora has also been granted Regular Bail by the
Ld. ASJ vide Order dated 21.05.2025.
16. The Applicant filed the Bail Application before the CJM, Patiala
House Court, which was dismissed vide Order dated 05.09.2024 on the
grounds that the investigation is at a nascent stage and the co-accused is yet
to join the investigation.
17. Another Bail Application filed by the Application before the Ld.
Sessions Judge, was dismissed vide Order dared 03.10.2024. However, now
the investigations are complete and Chargesheet has already been filed.
Moreover, the co-accused have been granted Bail.
18. It is accordingly prayed that the Applicant be granted Regular Bail.
19. Status Report has been filed on behalf of the Respondent/State,
wherein it is submitted that the present FIR has been registered on the
Complaint of Sh. Datar Singh, who has stated in his Complaint that in the
year 2021, he met with one Amrendra Kumar through one of his known
namely Yogendra. The alleged persons namely Amrendra and the Applicant,
Amit Pandey approached the Complainant and represented themselves as the
coordinators and agents of the Indraprastha Gas Limited and lured the
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Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
Complainant by promising to get a CNG Pump installed in his name, with
minimum formalities. Amit Kumar Pandey sent soft copies of documents
i.e, Registration Certificate, Bank Account detail, Invoice with GST Number
on WhatsApp number of the Complainant on his mobile number.
20. Accused Amrendra asked the Complainant to pay a sum of Rs.
10,75,000/- on the pretext of getting the initial formalities done, but instead
opf taking the amount directly he forced the Complainant to execute a Loan
Agreement with him. The Complainant then paid Rs. 9,75,000/- by way of
cheques and Rs. 1,00,000/- in cash. The Applicant took an amount of Rs.
5,00,000/- on similar pretext of Loan Agreement and the amount was paid
by cheque. The Applicant sent his brother-in-law, Deepak Singh Bora to
conduct the site inspection of the land shown by the Complainant for
installation of CNG Pump. The Accused Deepak Singh Bora along with one
Reena Srivasatava representing themselves as officials of IGL, conducted
site visit and took a sum of Rs. 1.25 lac for getting a Clearance Certificate
from the Department.
21. The Complainant has mentioned that the accused persons by posing
themselves as officials of IGL, have cheated him for a sum of Rs. 2.39 Crore
(Approx) i.e., Rs. 1,79,80,500/- (through Cheque, online transfers etc.) &Rs.
60 lacs in cash in name of providing him a CNG Pump. The accused persons
have also provided fake Certificate of Registration and other documents
through WhatsApp on the mobile no of the complainant.
22. After tracking the Accused Persons, Notices under Section 41A CrPC
was served upon them for joining investigation. The Accused persons were
examined but they did not cooperate and remained evasive to the questions
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Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
asked to them. The Accused Persons were thereafter, arrested to prevent
them from committing any further offence and for proper investigation.
23. During investigation, the Applicant had disclosed that he had met to
the Applicant namely Amar Singh Pippal through one of his known namely
Kamal Pandey. Amar Singh earlier worked in Ministry of Petroleum at
Shastri Bhawan, but later he got transferred into some other Ministry. Voice
recordings between the Accused Amar Singh Pippal and Applicant were
also found in his mobile phone.
24. The present Bail Application has been opposed on the grounds that
the investigation is at the initial stage. The Accused persons hatched a full
proof conspiracy and cheated the Complainant for a sum of Rs. 2.39 Crores
in the name of getting him a license for a CNG Pump and the Applicant
played an active role. The Applicant does not have any permanent residence
in Delhi and may threaten the witness and the Complainant and tamper with
the evidence. Accordingly, it is prayed that the present Bail Application be
dismissed.
25. The Ld. Counsel for the Complainant, Sh. Datar Singh has
appeared on advance notice and submitted on the similar lines as the State.
It is submitted that the Applicant has cheated the Complainant in the name
of providing license for a CNG Pump. There are continuous chats between
the Applicant and the Complainant to provide various NOCs and other
documents as a part of formality. There is sufficient evidence against the
Applicant and accordingly, it is prayed that the present Bail Application be
dismissed.
Submissions heard and Record Perused.
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Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
26. The allegations against the Applicant are that as a part of conspiracy,
the Applicant has allegedly defrauded the Complainant and took money
from him on the pretext of getting him a CNG Pump installed. As a part of
conspiracy the accused persons, including the Applicant has deceived the
Complainant by representing themselves as coordinators and agents of the
Indraprastha Gas Limited and that they work in different Departments. It is
alleged that the Applicant had taken money in the form of loan amount and
the amount was paid by cheque.
27. As per the Applicant, he hasn’t received any alleged money from the
Complainant as a part of the alleged conspiracy of duping him in the name
of CNG Pump.
28. The Applicant got arrested on 06.08.2024 and is in Judicial Custody
for about almost 12 months and the Chargesheet stands filed. Charges have
not been framed and that there are 24 witnesses, which are yet to be
examined. Trial is likely to take some time. No fruitful purpose would be
served by keeping the Applicant in the custody. Moreover, the two co-
accused have already been granted Bail.
29. Considering the totality of circumstances the Applicant is granted
Regular Bail, on the following terms and conditions:
a) The Applicant/Accused shall furnish a personal bond of Rs
35,000/- each and one surety of the like amount each, subject to the
satisfaction of the learned Trial Court.
b) The Applicant/Accused shall appear before the Court as and
when the matter is taken up for hearing;
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Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
c) The Applicant/Accused shall provide their mobile
number/changed mobile number to the IO concerned which shall be
kept in working condition at all times;
d) The Applicant/Accused shall not indulge in any criminal
activity and shall not communicate or intimidate the witnesses.
e) In case the Applicant/Accused change their residential
addresses, the same shall be intimated to learned Trial Court and to the
concerned I.O.
30. The Bail Application along with pending Application(s) is disposed of
accordingly. The Copy of this Order be communicated to the Ld. Trial Court
as well as Jail Superintendent, for information and compliance.
(NEENA BANSAL KRISHNA)
JUDGE
JULY 23, 2025/R
BAIL APPLN. 2110/2025 Page 9 of 9
Signature Not Verified
Signed By:RITA
SHARMA
Signing Date:23.07.2025
20:56:53
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