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2026 Supreme(Online)(Del) 2854

IN THE HIGH COURT OF DELHI AT NEW DELHI
PREETI AGGARWAL – Appellant
Versus
THE STATE (GNCT OF DELHI) – Respondent
BAIL APPLN.-2674/2025



$~1&2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04.02.2026 + BAIL APPLN. 2674/2025 PREETI AGGARWAL .....Petitioner Through: Ms. Nusrat Hossain, Mr. Afroz Khan and Ms. Sarv Mangla, Advocates.

versus THE STATE (GNCT OF DELHI) .....Respondent Through: Mr. Amit Ahlawat, APP for State with IO/SI Amit Kumar.

Mr. Dhananjay Mittal, Advocate for complainants.

+ BAIL APPLN. 2675/2025 SAURAV AGGARWAL .....Petitioner Through: Ms. Nusrat Hossain, Mr. Afroz Khan and Ms. Sarv Mangla, Advocates.

versus THE STATE (GNCT OF DELHI)

.....Respondent Through: Mr. Amit Ahlawat, APP for State with IO/SI Amit Kumar.

Mr. Dhananjay Mittal, Advocate for complainants.

CORAM: JUSTICE GIRISH KATHPALIA BAIL APPLNs. 2674/2025 & 2675/2025 Page 1 of 5 pages GIRISH Digitaly signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65fe4afec45569af3962c6 fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -

Signature Not Verified KATHPALIA 7 se 0 r 4 ia 7 l 6 N 3 u 8 m , p b o e s r t = a d lC 3 o e d 8 e 6 = 79 1 6 1 4 0 5 0 1 0 e 3 c , 4 st 5 = c D 07 e b lh 5 i, d 15570996b40f80 cbd2eee60402c487965f801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.04 17:30:05 -08'00'

J U D G M E N T (ORAL)

1. The accused/applicants seek anticipatory bail in case FIR No.67/2025 of Police Station R.K. Puram for offence under Section 420/406/34 IPC.

2. In furtherance of last order, I have heard learned counsel for accused/applicants and learned APP assisted by IO/SI Amit Kumar and counsel for complainants Abhishek and Saurabh Goel.

3. Broadly speaking, prosecution case as culled out of the investigation file is as follows. The FIR was registered on joint complaint of Abhishek and Saurabh Goel. The accused/applicants and the complainant Abhishek had multiple business transactions, related to dairy products, as reflected in the bank account statements shown today. It appears that since parties were already transacting with each other, the accused/applicants took loan on few occasions from the complainant Abhishek. Part of that loan amount was also paid back by the accused/applicants, according to the complainants Abhishek and Saurabh Goel. Further according to the complainants, subsequently the accused/applicants developed dishonest intention and did not pay back the balance loan amount. Since the loan repayment cheques got bounced, proceedings under Section 138 Negotiable Instruments Act were initiated against the accused/applicants. Another part of the alleged cheating according to the FIR is that the accused/applicants took delivery of dry fruits from Saurabh Goel as a business transaction but the cheques of payments of consideration issued by the accused/applicants got bounced, so proceedings under Section 138 Negotiable Instruments Act were initiated.

BAIL APPLNs. 2674/2025 & 2675/2025 Page 2 of 5 pages

4. Against the above backdrop, on last date, the IO had taken time to produce documentary material related to the dairy business between the parties since the FIR is silent about the same. Today, learned APP has pointed out bank account statements which record payments made towards milk, butter and dairy products. One wonders as to why in the FIR, there was no mention of dairy business between the parties.

5. Learned APP for State submits that after last date, the accused/applicants joined investigation but remained evasive and did not produce documents related to sale of dry fruits and the rent agreement of the place where they allegedly started business. Learned APP also submits that the accused/applicants do not dispute having accepted the loan amount and having not paid back the same. As regards the contention of the accused/applicants recorded on last date, the learned APP assisted by learned counsel for complainants and the IO admits that a sum of Rs.2,66,00,000/- was paid by the accused/applicants to the complainants and now only Rs.1,31,00,000/- is outstanding. However, it is explained by learned APP that the amount of Rs.2,66,00,000/- paid by

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