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2026 DAILYLAW 14062 (DEL)

SHIV NANDAN KUMAR v. STATE THROUGH SHO, PS. KASHMIRI GATE, NEW DELHI

BAIL APPLN./2439/2026 · 2026-07-28

Saurabh Banerjee

body2026

Judgment text

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$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2439/2026 SHIV NANDAN KUMAR .....Applicant Through: Mr. Prince Arora and Mr. Ankur Kaspay, Advs. versus STATE THROUGH SHO, PS. KASHMIRI GATE, NEW DELHI .....Respondent Through: Mr. Satish Kumar, APP with Ms. Upasana Bakshi, Ms. Divya Bakshi and Mr. Gourav Singh, Advs. SI- Sanjeev Kumar, ASI- Santosh Kumar, PS: Kashmere Gate Metro CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 28.07.2026 1. By virtue of the present bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of anticipatory bail in e-FIR No.80059068/2025 dated 22.06.2025 registered at PS: Netaji Subhash Place Metro/e-police Station under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Briefly put, as per prosecution on 22.06.2025, the complainant lodged the present e-FIR regarding theft of his mobile phone and ATM card. During the course of investigation, it transpired that on the very same day, an amount of Rs.70,000/- was transferred from the complainant’s account to the bank account of M/s. Shiv Nandan Trading, which belonged to the present applicant. It further surfaced that on the 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 31/07/2026 at 13:31:27 same day itself, more than 3300 UPI transactions totalling to an approximate amount of Rs.1 crore were carried out through the said bank account. 3. In these facts, this Court has heard learned counsel for the applicant as also learned APP for the State, who has handed over the Status Report, which is taken on record. 4. The facts herein disclose that transactions aggregating to approximately Rs.1 crore were made in and from the bank account of M/s Shiv Nandan Trading, of which the present applicant is admittedly the proprietor. Though the applicant claims to be unaware of any such transactions, as he only came to know about them on 26.06.2025, and whereafter he promptly took steps from his side by requesting the concerned Bank to freeze the said account, however, it is highly improbable to believe that the said repeated transactions (of such magnitude and volume) could have escaped his attention and not raised an alarm for four days, or that can be without his knowledge. Interestingly, during such time, amount credited to the said account had already been transferred to various other accounts through internet banking facilities (NEFT and RTGS). 5. Also, prima facie any allegation made against one Sanjeev Barnwal is without any merit, and may be an afterthought, particularly, since no concrete steps have been initiated against him. 6. Considering the aforesaid, as also the fact that, as per Status Report, the investigation is still at a crucial stage and the applicant has been giving evasive replies during investigation, and his precise role, as also that of the other persons involved in the whole offence, is yet to be fully unearthed, 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 31/07/2026 at 13:31:27 this Court is not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the present bail application is dismissed. 8. Needless to say, since the expression of opinion, if any, are for the purposes of adjudicating the present application only, they have no bearing on the overall merits/ trial involved. SAURABH BANERJEE, J JULY 28, 2026/Ab 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 31/07/2026 at 13:31:27