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2026 DAILYLAW 18381 (DEL)

SH. SUMIT v. THE STATE NCT OF DELHI

BAIL APPLN./3205/2026 · 2026-09-15

Saurabh Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010364052026 + BAIL APPLN. 3205/2026 SH. SUMIT .....Applicant Through: Mr. Rakesh Gaur, Adv. Versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP for the State with Insp. Vinay Kumar and SI Rohit Kumar, PS.: R K Puram CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 15.09.2026 1. By virtue of the present bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of anticipatory bail in FIR No.399/2024 dated 22.12.2024 registered at PS: R.K. Puram, Delhi under Sections 319(2)/318(2)/212(2)/61/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 10(1)/11(1) of Public Examination (Prevention of Unfair Means) Act, 2024. 2. On 22.12.2024, the Principal of Kendriya Vidyalaya, R.K. Puram informed the staff of P.S. R.K. Puram that 10 persons had been caught with unauthorised Bluetooth devices attached to a device, so as to cheat in the examination for the post of LDC conducted by the National Institute of Educational Planning and Administration Examination-2024, NCERT, Katwaria Sarai, Delhi, leading to registration of the present FIR. 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 18/09/2026 at 10:55:39 3. During interrogation of the arrested persons existence of an organised syndicate was revealed and it was also disclosed that the accused persons were given one mobile phone to scan the question paper and after scanning, they communicated the answers of the questions to the accused persons through Bluetooth devices accompanied by earpieces. 4. It was further surfaced that accused persons Sudama, Sahil and Pankaj had appeared as impersonators in place of respective actual candidates, wherein Pankaj had appeared in place of the present applicant. 5. In these facts, this Court has heard learned counsel for the applicant and learned APP for the State, as also gone through the documents on record. 6. As borne out from the record, the limited role attributed to the applicant is that co-accused Pankaj had appeared in the examination as an impersonator in place of the applicant. Facts also reveal that the applicant is a young boy of 28 years old with clean antecedents and is a first time offender, and is only helping his father in farming, and further since pursuant to the last order passed by this Court, he has also joined the investigation before the Investigating Officer (IO) on 17.08.2026 and notably, barring the said date, the IO has not called the applicant for any further investigation. There is no reason for custodial interrogation of the applicant as no recovery has to be effected from him. 7. In such circumstances, this Court is of the considered view that custodial interrogation of the applicant is not warranted, more so, whence investigation in the present case has been completed and chargesheet has been filed. 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 18/09/2026 at 10:55:39 8. Lastly, this Court is apprised by learned counsel for the applicant that out of thirteen co-accused persons, twelve have already been granted bail, which is a relevant factor for consideration, while deciding the present application. 9. As such, considering the aforesaid factors cumulatively, this Court is of the considered view that the applicant is able to prima facie make out a case for anticipatory bail. 10. Accordingly, the present application is allowed and the applicant is granted anticipatory bail in FIR No.399/2024 dated 22.12.2024 registered at PS: R.K. Puram, Delhi under Sections 319(2)/318(2)/212(2)/61/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 10(1)/11(1) of Public Examination (Prevention of Unfair Means) Act 2024. As such, in case of his arrest, the applicant be released on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with one surety of the like amount by a family member/ friend having no criminal case pending against him and further subject to the satisfaction of the Arresting Officer/S.H.O. and further subject to the following conditions:- a) Applicant shall ordinarily reside at the address as mentioned in the Memo of Parties of the present application and shall not leave the same without prior permission of the concerned Court. b) Applicant shall surrender his Passport, if any, to the IO within three days of his release. c) Applicant shall join and participate in the investigation as and when called by the concerned IO. d) Applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times. 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 18/09/2026 at 10:55:39 e) Applicant shall not indulge in any criminal activity and shall not contact any prosecution witnesses with a view to influence them, as also shall not tamper with the evidence of the case. 11. The application is accordingly disposed of in terms of the above. 12. Copy of this order be sent to the concerned S.H.O. for information and compliance thereof. 13. Needless to say, observations made hereinabove, if any, on the merits of the matter are purely for the purposes of adjudicating the present application and shall not be construed as expressions on the merits therein. SAURABH BANERJEE, J SEPTEMBER 15, 2026/bh 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 18/09/2026 at 10:55:39