BAIL APPLN. 1052/2025 Page 1 of 12 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09.09 .2025 Date of Decision: 22.09.2025 + BAIL APLN. 1052/2025 & CRL.M .A. 13060/2025 GAUTAM GANDHI ...Petitioner Through: M r. Sahil A. Garg Narwana, M r. Kapil Gaba and M s. Honey Gola , Advs. versus STATE GOVT. OF NCT OF DELHI ...Respondent Through: M r. Raghuinder Verma, AP for State with M r. Aditya Vikram Singh, Adv. M r. Vivek Singh, M r. Harsh Chugh and M r. M ana v M or , Advs. for the complainant CORAM : HON'BLE M R. JUSTICE AJAY DIGPAUL J U D G M E N T % 1. The present bail application has been field on behalf of the applicant/petitioner/acused seking regular bail under Section 483 of the Bharatiya Naga rik Suraksha Sanhita, 2023 1. Factual M atrix 2. The present bail application arises out of FIR No. 0378/2024 dated 21.09.2024, registered at Police Station - Kamla M arket, Delhi, under Sections 420/406/120B/506 of the Indian Penal Code, 1860 2. The FIR was regi stered on the basis of a written complaint dated 31.05.2024 made by Jitin Jindal. 1 +HUHLQDIWHU³%166´ BAIL APPLN. 1052/2025 Page 2 of 12 3. In the complaint, it was alleged that the complainant was induced by the acused persons Priyanka Kheterpal and the present applicant, *DXWDP *DQGKL WR DGYDQFH D VXP 9,000/ - for a property transaction. The complainant stated that he knew the acused through one M r. Ajay Kumar Sinha , residing/working at B -1 Tower, Den Dayal Upadhyay M arg, New Delhi, where they frequently met. 4. It is alleged that in November 2023, acuse d Priyanka Kheterpal and Gautam Gandhi represented to the complainant that they had entered into an agrement with one M rs. Pavitra Yadav on 12.09.2023 for purchase of commercial unit No. 8/R3 LG 27, Lower Ground Floor, Block -3, M 3M Broadway, Sector -71, Gu rugram, Haryana (Property ID: 1CLTW 3Y2) 3. They expressed urgent ned for funds and assured that the complainant would receive not only repayment of the principal but also an equal share in profits upon resale of the said property. Relying on their represen tations, the complainant entered into an agrement dated 09.11.2023 with acused Priyanka Kheterpal and transfered the said sum through various bank transactions. 5. Acording to the complainant, it was agred that the subject property would not be sold with out his written permission and, if sold before 10.12.2023, his dues would be cleared along with fifty per cent profit. The complainant was also promised original property documents as security, which were never handed over. Upon non - repayment and verificat ion, the complainant discovered that the property had already ben purchased by Priyanka Kheterpal on 12.09.2023, i.e., prior to the agrement with him, and was further sold 2 +HUHLQDIWHU³,3&´ 3 +HUHLQDIWHU³VXEMHFWSURSHUW\´ BAIL APPLN. 1052/2025 Page 3 of 12 to one Shaman Jain on 01.12.2023, without his knowledge or consent. W hen confronte d, Priyanka Kheterpal allegedly admitted her conduct, sought pardon, and promised repayment, but to no avail . 6. Pursuant to the above, the present FIR was registered. The acused Gautam Gandhi was arested on 09.12.2024 and has ben in judicial custody since then. The investigation against him is stated to be complete and a charge shet has been filed. 7. It is also relevant to note that during the course of investigation, the bank statement of the complainant was analysed and the amount of ൟ - was found credited into the acount of Priyanka Kheterpal maintained at HDFC Bank, Sector -29, Gurgaon, wh ich was opened on 07.06.2023. The charge shet records that the FRPSODLQDQW¶V IXQGV ZHUH UHFHLYHG Priyanka Kheterpal. 8. The applicant had earlier moved for bail before the Court of learned JM FC , Tis Hazari Courts , where his bail application was dismissed on 14.01.2025. Thereafter, a second bail application filed before learned ASJ , Tis Hazari Courts was dismissed on 05.03.2025, inter alia on the ground that the co -acused Priyanka Kheterpal had not joined investigation and was abs conding despite issuance of non - bailable warants. 9. It is further on record that co -acused Priyanka Kheterpal was