* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Pronounced on: 10th November, 2025

+ BAIL APPLN.2758/2025

SURESH KUMAR JAIN

Son of Late Sh. Parasmal

R/o Flat No.16E,

Panchmukhi Ocean Heights,

Apartment, 76 Basin Bridge Road,

Old Washermenpet, Chennai, Tamilnadu ......Petitioner

Through: Ms. Anita Sahni, Mr. Anjaneya Mishra and Mr. Sahil Yadav, Advs.

versus

STATE (GOVT. OF NCT DELHI)

Through SHO

P.S. Special Cell. .....Respondent

Through: Mr. Utkarsh, APP for the State. Mr. Ayush Jain, Mr. Yashovardhan Upadhyay, Mr. Vishwas Verma, Mr. Lakshay Aggarwal, Advs. For Complainant.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Fifth Anticipatory Bail Application under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner Suresh Kumar Jain in case FIR No.166/2020 under Section 419, 420, 468 and 471 Indian Penal Code, 1860 (hereinafter referred to as “IPC”) read with Section 66/67C/67D/71/74 of Information Technology Act, 2002 (hereinafter referred to as “IT Act”) registered at Police Station Special Cell.

2. The brief facts are that M/s Colourful Fashion Hub/Complainant is engaged in the business of export of garments and exported garments to its foreign clients in various countries including Dubai, London and USA in the year 2019. In order to promote export, the Government of India had issued various guidelines and provided various benefits/incentives to the Exporters to encourage the inflow of foreign exchange which can be claimed by the exports which included as follows :

(a) Duty Drawback – This is automatically transferred into the accounts of the exporters’ account as and when the process of export is over.

(b) GST - This is automatically transferred into the accounts of the exporters' account as and when the process of export is over.

(c) RoSCTL - This can be claimed online through the website of the Directorate General of Foreign Trade (DGFT) with the help of DSC Keys (Digital Signature Certificate Keys) which is a secrete key code provided online to the owner of the Company or the person authorized by the owner of the company by the DGFT after the exports are applied. The whole process is being done online after having certain secret and encrypted password given by DGFT.

3. According to the Complainant from April to May 2019 it made an export of goods worth Rs.30,12,68,247/- to UAE on which ROSCTL dues were in the sum of Rs.1,54,89,000/-. In May, 2020 the Complainant came to know from ICE GATE that five RoSCTL License scrips, all dated 12.05.2020, for the total sum of Rs.1,54,89,000/- had been transferred in the account of some unknown entities. The Complainant gave a Complaint on which present FIR No.0166/2020 was registered on 04.07.2020 by Police Station Special Cell under Section 419/420/468/471 IPC and Section 66/66C/66D/71/74 IT Act 2002.

4. It has been stated in the Complaint that these scrips were transferred to M/s M.S. Sons from whom it got transferred to M/s Renuja Enterprise and thereafter, to M/s Kanak Exim on the very same day. The Petitioner is the Proprietor of M/s Renuja Enterprises, and Mr. Mahendra Kumar Jain was the proprietor of M/s M.S. & Sons who has expired on 19.09.2020 due to medical ailments. Sh. Mahendra Kumar Jain is the brother of the Applicant.

5. During the course of investigations, on 26.06.2020 Inspector Sanjeev Solanki, the previous I.O. served a Notice upon the Petitioner as well as M/s M.S. Sons for providing details and status of the License scrips. Sh. Mahendra Kumar Jain was suffering from serious ailments and, therefore, the Applicant on behalf of his brother, gave a Reply vide email dated 01.07.2020 to the previous IO and provided complete details of the transaction in question. It was informed that the said scrips were purchased by M/s M.S. & Sons from M/s Colourful Fashion Hub/Complainant through commission agents Vijay Sethia,