$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2692/2021 & CRL.M.As. 17243/2021, 19746/2021, 20130/2021, 21537/2022, 25163/2023, 781/2025, 21921/2025 ANTHEIA INFRASTRUCTURE PVT LTD .....Petitioner Through: Mr. Rajat Navet and Mr. Kushagra Pandit, Advocates. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Ajay Vikram Singh, Advocate for R-1. Mr. Roopansh Purohit, Mr. Ramesh Kr. Shokeen and Ms. Marayani Sepana, Advocates for R-2 to 5. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 29.07.2025 1. The present petition is directed against order dated 27th July, 2021 passed by the CMM, Patiala House Courts, directing the de-freezing of the bank accounts delineated in the said order. 2. Mr. Ajay Vikram Singh, APP for the State, has handed over a status report delineating the details of the bank accounts, which were frozen in the present case, and the same is taken on record. 3. During the course of submissions, the attention of this Court is drawn to an order dated 17th July, 2023 whereby the High Court of Punjab and Haryana in CRM-28401/2023 and CRM-M-51899/2021, while deciding a challenge relating to a similar freezing order, had passed the following This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:26:45 directions: “2. The brief facts of the case are that an FIR No.596 dated 06.11.2017 under Sections 120-B, 34, 409, 465, 468, 420 and 177 IPC Police Station Gohana City, Sonepat came to be registered at the instance of the petitioner-complainant against six accused persons, namely, Narender Kumar, Jai Singh, Virender Singh, Rohtash, Karam Singh, Karan Singh and other unknown persons and officials of Oriental Bank of Commerce, Gohana. The allegations in the said FIR are not being recounted as they are not germane to the present controversy. 3. Pursuant to the registration of the aforementioned FIR, 15 bank accounts of the accused were frozen on 20.11.2017. 4. Thereafter, on 07.10.2020, a cancellation report/untraced report was filed by the Superintendent of Police, Sonepat before the Court. 5. Pursuant to the filing of the aforementioned report, two applications for defreezing of 15 accounts were filed on 23.10.2020. 6. Meanwhile, on 21.12.2020, a protest petition was filed by the petitioner-complainant against the cancellation report/untraced report in FIR No.596 dated 06.11.2017. 7. Subsequently, vide order dated 26.11.2021 (Annexure P-10), the accounts were ordered to be defreezed subject to the condition that the accused would furnish security for at least half of the amount which was to be defreezed. The said order dated 26.11.2021 (Annexure P-10) is under challenge at the instance of the petitioner-complainant in the present petition. 8. The learned counsel for the petitioner contends that though a cancellation report has been filed, the petitioner is availing his alternative remedies against the said cancellation/untraced report including but not limited to the filing of a protest petition, and therefore, the impugned order (Annexure P-10) defreezing the 15 accounts cannot be sustained. In the alternative, he prays that the interest of the petitioner-complainant be protected and for the said purpose, the accused-respondents may furnish a bank guarantee with Auto Renewal Instructions pursuant to which their account could be defreezed. 9. The learned counsel for respondents No.2 to 8 on instructions from his clients states that respondents No.2 to 8 are ready and willing to furnish a bank guarantee in the sum of Rs.9.76 Crores in the name of Sub Divisional Judicial Magistrate, Gohana in lieu of the defreezing of the 15 bank accounts. 10. I have heard the learned counsel for the parties and perused the record. 11. Keeping in view the respective contention of both the sides, the order dated 26.11.2021 (Annexure P-10) is modified to the extent that all the bank accounts shall be defreezed subject to the accused/respondents No.2 to 8 furnishing a bank guarantee with Auto This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:26:45 Renewal Instructions in the sum of Rs.9.76 Crores in the name of Sub Divisional Judicial Magistrate, Gohana, immediately. The said bank guarantee shall not be released without an order of the Court.” 4. Counsel for the Petitioner and counsel for Respondent Nos. 2 to 5 agree that, the bank accounts listed in Paragraph No. 8 of the status report filed by the State may be defreezed, subject to Respondent Nos. 2 to 5 furnishing a bank guarantee of INR 9.76 crores in the name of the Sub- Divisional Judicial Magistrate, Gohana as directed by the High Court of Punjab and Haryana. 5. Furthermore, since the aforementioned order of the High Court of Punjab and Haryana was passed in the proceedings arising out of FIR No. 569/2017, P.S. Gohana City, Sonipat, counsel for the Petitioner and counsel for Respondent Nos. 2 to 5 agree that the permission to operate the bank accounts as per status report be subject to the outcome of the proceedings arising from FIR No. 151/2018, P.S. EOW, Mandir Marg. It is ordered accordingly. 6. The present petition is disposed of along with pending applications, in the aforenoted terms. SANJEEV NARULA, J JULY 29, 2025/as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:26:45