Bail granted in criminal cases must consider the seriousness of allegations and available evidence; however, re-evaluation of merits is impermissible in cancellation proceedings.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Petition under Section 483 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “ BNSS ”) on behalf of the Petitioner/Aviation Services LLC seeking cancellation of Bail of Respondent No.2, Vishal Oberoi granted vide Order dated 23.07.2025 passed by Ld. ASJ-05, New Delhi District, Patiala House Courts in FIR No. 41/2024 under Sections 420 /406/468/471/120B of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”), at P.S. EOW.

2. It is submitted that the Petitioner/Complainant was cheated of Rs. 6,05,99675.58/- on the basis of false representation/forged documents etc. and was induced to bank transfer this amount in the accounts of M/s Mangalam Traders, Proprietor Ankit Srivastav, to export aviation goods and automobile parts to the Petitioner.

3. The Petitioner thereafter, lodged a detailed Complaint dated 20.12.2023, which culminated into registration of FIR No. 41/2024, under Section 406 , 420, 468, 471 and 120-B IPC , at P.S. EOW, New Delhi. The names of all the accused, illegal beneficiaries were disclosed in the FIR. However, in the last 2 years, neither any accused/ illegal beneficiaries were arrested, nor any amount has been attached/seized.

4. The following Chart describes the trail of misappropriated money as apparent from the ATRs filed by the I.O.:

5. Sumit Ahluwalia @ Sunny Walia is still holding and enjoying the misappropriated money, for more than two years while on court Bail.

6. During investigation, it was clearly established that the accused persons, in active connivance and conspiracy, opened Bank Accounts in the names of employees namely, Ankit Srivastava and Rajveer Singh, to receive cheated amounts of Rs.6,05,99,675.58/- and diverted the same, to illegal beneficiaries for unlawful enrichment.

7. The I.O. reported that despite Notices under Section 41A Cr.P.C., the accused did not join investigation; instead they filed Anticipatory Bail Applications.

8. It is submitted that the Ld. Sessions Court granted Bail to Sumit Ahluwalia @ Sunny Walia by observing that he had not directly dealt with or induced the Complainant and was not the first layer beneficiary. Despite the accused holding misappropriated funds, bail was granted.

9. Interim Bail was also granted to Ankit Srivastav to join investigations, vide Order dated 29.03.2025. However, Bail of Ankit Srivastav was rejected on 04.07.2025, considering the huge cheating amount of Rs. 6.05 Crores received in his account.

10. Accused, Ankit Jhamb also filed Anticipatory Bail and was granted interim bail to join investigation. Though Ankit Jhamb joined investigation, he failed to produce any documents/material justifying receipt of Rs. 3.15 Crores. He was nevertheless granted Bail on grounds of parity and joining investigation.

11. Respondent, Vishal Oberoi, Accused filed Anticipatory Bail No. 1178/2025. The I.O. opposed the Bail stating he received Rs. 2.89 Crores from M/s Mangalam Traders of which Ankit Srivastav was the Proprietor, in the account of M/s AV Global, Proprietorship concern of Respondent, Vishal Oberoi and had not joined investigation despite notice. The I.O. further submitted that he may abscond, tamper evidence, threaten witnesses, and that cheated money, is yet to be recovered.

12. During arguments, Vishal Oberoi admitted receiving Rs. 2.89 Crores, but claimed to have paid Rs. 48 Lakhs and Rs. 1.80 Crores in cash to Sumit Ahluwalia @ Sunny Walia without any supporting do