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2026 DAILYLAW 16191 (DEL)

KAMLESH KUMAR SHARMA v. STATE OF NCT OF DELHI

BAIL APPLN./3328/2026 · 2026-08-14

Girish Kathpalia

body2026

Judgment text

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BAIL APPLN. 3328/2026 Page 1 of 3 pages $~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.08.2026 # CNR No. DLHC010376902026 + BAIL APPLN. 3328/2026 & CRL.M.A. 24872/2026 KAMLESH KUMAR SHARMA .....Petitioner Through: Mr. Sacchin Puri, Senior Advocate with Mr. Akshay Kumar, Mr. Amit Kaushik, Mr. Sunil Kumar, Ms. Aashma Bhola, Mr. Abhishek Singh, Ms. Shubhnavi Shivhare and Mr. Anjali Dhyani, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, APP for State with SI Jaibir Singh and SI Kamlesh, Special Staff. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T 2. Broadly speaking, the prosecution allegation is that the accused/applicant is a part of an investment fraud scam in which the complainant de facto was trapped through an advertisement link on (ORAL) 1. The accused/applicant seeks anticipatory bail in case FIR No. 116/2025 of PS Cyber Police for offence under Section 318(4)/319/3(5) of BNS. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb48 35d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2 eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.08.14 14:19:24 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:14.08.2026 14:24:40 Signature Not Verified BAIL APPLN. 3328/2026 Page 2 of 3 pages Facebook. It is alleged that the complainant de facto was induced into investing substantial amount of money on the assurance of high returns and when the amount to his credit became Rs. 20,00,000/-, a part of the same was invested by the accused persons in an IPO and they directed the complainant de facto to pay the balance amount of Rs. 15,00,000/- otherwise there would be legal action against him. 3. Learned counsel for accused/applicant submits that he is innocent and has been falsely implicated in this case without any legal evidence. 4. Learned APP for State assisted by IO/SI Jaibir Singh accepts notice. 5. A specific query is raised as to what is the exact role played by the present accused/applicant in the alleged scam. The IO responds that he is yet to ascertain the role played by the accused/applicant. Also, it is admitted by him that presently there is no evidence available against the accused/applicant and it is explained by him that he is carrying out investigation in this regard. 6. After part arguments, learned APP for State on assurance of the IO submits that if the accused/applicant has to be arrested after collection of sufficient evidence, the IO would issue him a prior notice so that he may file a fresh application for anticipatory bail and in the meanwhile, he may be directed to join investigation. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6 fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80 cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.08.14 14:19:38 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:14.08.2026 14:24:40 Signature Not Verified BAIL APPLN. 3328/2026 Page 3 of 3 pages 7. In view of above circumstances, the present anticipatory bail application and the accompanying application are disposed of directing the accused/applicant to join the investigation by reporting before the IO at 04:00 pm on 17.08.2026 in the office of Special Staff, Delhi Police and thereafter to join the investigation as and when called in writing by the IO; and further directing that in case the accused/applicant has to be arrested after collection of sufficient evidence, a prior notice of two weeks shall be issued to him by the IO so that the accused/applicant may avail appropriate legal remedy. GIRISH KATHPALIA (JUDGE) AUGUST 14, 2026/dr GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4a fec45569af3962c6fb4835d435f97626cac ca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c48796 5ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.08.14 14:19:52 +05'30' By:RAHUL YADAV Signing Date:14.08.2026 14:24:40