J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) / Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) read with Section 483(3) BNSS/Section 439(2) Cr.P.C. filed on behalf of the Petitioner/State (NCT of Delhi) seeking cancellation of Anticipatory Bail of Respondent, Sumit Ahluwalia @ Sunny Walia granted vide Order dated 29.03.2025 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 was cheated for 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 was attached/seized.

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

Aviation Service LLC (Petitioner)

|

Bank Transfer

|

Rs. 6,05,99,675.58

|

(ICICI Bank A/c No. 036705501542)

Mangalam Traders

Prop. Ankit Srivastav

/ \

Bank Transfer Bank Transfer

/ \

Rs. 3.15 Crore Rs. 2.89 Crore

AJ Steal AV Global Trading

(1). Prop. Ankit Jhamb (2). Prop. Vishal Oberoi

(on Court Bail) (on Court Bail)

/ \

/ \

Bank Transfer Cash Transfer

/ \

(Rs. 1.05 Crore) (Rs. 1.89 Crore)

Rs. 2.94 Crore

|

(3). Sumit Ahluwalia @ Sunny Walia

(On Court Bail)

5. It is submitted that all the accused persons, including the Respondent, 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 viz. Ankit Srivastava, Rajveer Singh, to receive cheated amounts of Rs.6,05,99,675.58/- and divert the same to illegal beneficiaries for unlawful enrichment.

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

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

9. Despite the accused holding misappropriated funds, Bail was granted. Interim bail was also granted to Ankit Srivastav to join investigation, vide Order dated 29.03.2025. However, subsequently, 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 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. Co-accused, Vishal Oberoi filed Anticipatory Bail No. 1178/2025. The I.O. opposed the Bail Application by stating that he had received Rs. 2.89 Crores from M/s Mangalam Traders, Proprietor: Ankit Srivastav in the account of M/s AV Global, Proprietor: Vishal Oberoi, and had not joined investigation despite Notice.

12. The I.O. further submitted that he may abscond, tamper evidence, threaten witnesses, and that cheated money is yet to be recovered.

13. During arguments, Vishal Obero