Extracted from the PDF above. The PDF is authoritative.
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010346882026 + BAIL APPLN. 3057/2026 CHOTU SHARMA .....Petitioner Through: Mr. Abhishek Kumar Dwivedi, Mr. Jitender Kumar Thakur, Ms. Heena, Kauser, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP SI Vishal Tiwari, P.S. Cyber South
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 09.09.2026
1. This hearing has been conducted through hybrid mode.
2. The present application has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) seeking grant of regular bail in FIR No. 64/2022, registered at Police Station Cyber South, South District, Delhi, for the offences punishable under Sections 419, 420 and 471 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).
3. Briefly stated, the prosecution case is that the petitioner allegedly obtained employment as a delivery boy under the name ‘Mirza Shadab Beig’ by furnishing forged documents and, on 18.07.2022, stole the complainant’s mobile phone, thereafter got the SIM card ported and allegedly misused the banking applications to obtain a loan of ₹68,832/- and carry out credit card transactions of ₹64,018/-. The stolen mobile phone, SIM card, credit card and 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 10/09/2026 at 10:49:37
certain other documents were allegedly recovered from his possession. The petitioner was arrested on 14.08.2022 and granted bail on 20.02.2023, but was subsequently declared a proclaimed offender on 28.10.2025 owing to his non- appearance and was re-arrested on 21.11.2025, since when he has remained in judicial custody.
4.
Learned counsel for the petitioner submits that the petitioner had earlier been granted regular bail on merits. However, owing to certain personal circumstances, he could not appear before the learned Trial Court and was subsequently declared a Proclaimed Offender (P.O.). He was thereafter arrested in November, 2025 and has remained in judicial custody since then. It is further submitted that the petitioner is now residing at a permanent address in Noida and undertakes to appear before the learned Trial Court on each and every date of hearing.
5. Per contra, learned APP for the State opposes the present application and submits that the petitioner was arrested after having been declared a Proclaimed Offender (P.O.). It is submitted that the petitioner had earlier misused the liberty granted to him by not appearing before the learned Trial Court and, therefore, having regard to his past conduct, he is not entitled to the relief of bail.
6. This court has heard the learned counsels for the parties and has perused the material placed on record.
7. The petitioner had earlier been granted regular bail by the learned Trial Court on merits. However, on account of his subsequent non-appearance, he was declared a Proclaimed Offender (P.O.) and was arrested in November,
2025. He has remained in judicial custody since then and has already undergone incarceration for more than eight months. 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 10/09/2026 at 10:49:37
8. In view thereof, the present application is allowed. The applicant is
directed to be released on bail, on his furnishing a bail bond to the sum of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions: i. The applicant shall not leave India without the prior permission of the concerned learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit, as well as the Investigating Officer (IO) regarding any change in his residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the concerned IO and shall keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence any witness in any manner.
9. Therefore, the present bail application is allowed and disposed of accordingly.
10. Pending application(s), if any, also stand(s) disposed of.
11. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.
12. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.
13. The order be uploaded on the website forthwith.
MADHU JAIN, J SEPTEMBER 9, 2026/prg/PG 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 10/09/2026 at 10:49:37