Bhagwant Singh v. State NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BHAGWANT SINGH .....Applicant Through:
Mr. Harnoor Singh Sidhu and Mr. Milanpreet Singh Kharood, Advs.
versus STATE NCT OF DELHI .....Respondent Through:
Ms. Richa Dhawan, APP for the State with SI Saveen Kharb, PS IGI Airport.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 23.07.2025 1.
By the present application, the applicant seeks pre-arrest bail in FIR No. 461/2024 dated 01.07.2024, registered at Police Station IGI Airport, for offences under Sections 318(4)/336(3)/340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Passports Act, 1967.
2.
It is the case of the prosecution that when the travel documents of one passenger, namely, Karminder Singh, who was deported from Vietnam, were scrutinised, it was found that a fake Canadian Visa was affixed on his passport. On interrogation, the said passenger disclosed that co-accused Jagjit Singh along with his associates had arranged Canadian Visa by taking a sum of ₹20,00,000/-. It is alleged that various agents were involved in arranging the Canadian Visa. It is further alleged that the name of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the applicant cropped up in the disclosure statement of coaccused Jagjit Singh. The said co-accused allegedly disclosed that the applicant had facilitated in arranging the fake visa and ₹12 lakhs had been transferred to the bank account of the applicant.
3.
On the last date of hearing, this Court had provided interim protection to the applicant, subject to him joining and cooperating with the investigation.
4.
The Status Report has been handed over in Court today and the same is taken on record. The same categorically mentions that the applicant has joined the investigation. 5.
While it is mentioned that the applicant did not cooperate with the investigation and did not disclose about source of the alleged fake visa, however, it is a settled law that not admitting the guilt does not amount to not cooperating with the investigation [Ref. Bijender v. State of Haryana : Special Leave to Appeal (Crl.)No. 1079/2024).
6.
It is pointed out that co-accused Manjinder, whose name had also been disclosed by other co-accused persons, has already been granted pre-arrest bail by a Coordinate Bench of this Court by order dated 03.09.2024, in BAIL APPLN. 2910/2024. 7.
It is further pointed out that the co-accused Jagjit, who named the applicant in his disclosure statement, has already been granted regular bail.
8.
At this stage, apart from the disclosure by co-accused Jagjit, no other cogent evidence has been found against the applicant and his complicity in the commission of the offence cannot be ascertained at this stage.
9.
It is also relevant to note that the investigation is complete The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and the chargesheet has already been filed in the present case. 10.
In view of the above, no purpose would be served by subjecting the applicant to custodial interrogation. 11.
In view of the above, the present application is allowed and the applicant, in the event of arrest, is directed to be released on bail on furnishing a personal bond for a sum of ₹20,000/- with two sureties of the like amount subject to the satisfaction of the concerned SHO, on the following conditions:
a.
The applicant shall join and cooperate with the investigation, if required, as and when directed by the IO; b.
The applicant shall not leave the country without the prior permission of the learned Trial Court;
c.
The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever;
d.
The applicant shall appear before the learned Trial Court as and when directed;
e.
The applicant shall provide the address where he would be residing and shall not change the address without informing the concerned IO/SHO;
f.
The applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times.
12.
In the event of there being any violation of the stipulated conditions, it would be open to the State to seek redressal by filing an application seeking cancellation of the bail. 13.
It is clarified that the observations made in the present order are for the purpose of deciding the present pre-arrest bail The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
application, and should not influence the outcome of the trial and should not be taken, as an expression of opinion, on the merits of the case.
14.
The present bail application is allowed in the aforesaid terms.
AMIT MAHAJAN, J JULY 23, 2025 'KDK'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.