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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Aviation Services Llc, Through its Authorized Representative Mr. Himanshu Shekhar – Appellant
Versus
State (Nct Of Delhi) Through Deputy Commissioner of Police – Respondent
| Table of Content |
|---|
| 1. petition for cancellation of bail based on alleged cheating. (Para 1 , 2 , 3 , 5 , 20) |
| 2. arguments against the grant of bail despite misappropriated funds. (Para 8 , 12 , 14) |
| 3. judicial principles regarding the cancellation of bail. (Para 18 , 19) |
| 4. legal standards and considerations for bail applications. (Para 36 , 38 , 39 , 40 , 41) |
| 5. court's dismissal of the appeal due to lack of merit. (Para 49 , 50) |
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 transfe
Bail granted in criminal cases must consider the seriousness of allegations and available evidence; however, re-evaluation of merits is impermissible in cancellation proceedings.
Bail may be cancelled only if subsequent evidence shows misconduct or supervening circumstances, not merely due to the seriousness of the charges; prior lawful consideration by lower courts is critic....
The court ruled that bail, while generally granted as a norm, may be revoked if serious allegations of fraud and potential flight risk arise, reflecting substantive judicial scrutiny of bail orders.
The distinction between rejection of bail at the initial stage and cancellation of bail already granted, requiring overwhelming grounds for the latter.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The discretion exercised by the court in granting bail should be judicious and not a matter of course, and the grounds for cancellation of bail should be assessed based on relevant factors and the pr....
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