Delhi High Court - Orders
Ankur Malhotra vs The State Of Nct Of Delhi & Anr on 4 December, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3425/2025 & CRL.M.A. 26794/2025
ANKUR MALHOTRA .....Petitioner
Through: Mr. A.K. Singla, Senior Advocate
with Mr. Akshit Sachdeva, Mr. Sahil
Kumar, Mr. Rohan Sehrawat, Mr.
Arun Kumar and Ms. Sayantani
Basar, Advocates.
Versus
THE STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Aashneet Singh, APP for State.
Mr. Manav Mor, Advocate for
Complainant.
SI Nitesh Yadav, P.S. K.M. Pur.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 04.12.2025
1. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 438 of the Code of Criminal Procedure, 19732) seeks pre-arrest bail in the proceedings emanating from FIR No. 112/2025 dated 5th March, 2025, registered at P.S. K.M. Pur, under Sections 420 and 120B of the Indian Penal Code, 18603
2. The prosecution case, in brief, is that the Complainant, Ms. Rashmi Sachdeva, and the Applicant are the sole legal heirs of Late Mr. Ravinder 1 "BNSS"
2"CrPC"3
"IPC"BAIL APPLN. 3425/2025 Page 1 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 20:56:45 Malhotra, the original allottee of Flat No. A-301, 3rd Floor, Sanmati Cooperative Housing Group Housing Society, Sector-6, Dwarka, who passed away intestate on 29th July, 2010. The flat is stated to have remained in the possession of the Applicant. It is alleged that the Applicant subsequently sold the flat to one Sunil Kumar after obtaining a conveyance deed dated 4th June, 2024 in his favour from the DDA, on the basis of a Surviving Member Certificate, affidavit and indemnity bond, wherein he represented himself to be the sole legal heir. The Complainant asserts that these documents were procured fraudulently. She has produced two different Surviving Member Certificates: one showing the Applicant as the sole legal heir, and another naming both the Complainant and the Applicant as the legal heirs. She further denies execution of an affidavit in the records of the Society purporting to show that she relinquished her rights in favour of the Applicant.
3. When the Applicant joined investigation, he stated that his father had nominated him in the Society and that, following his father's retirement, there was an oral partition of the parental estate under which the flat devolved upon him, while three fixed deposits totalling INR 10,61,053/- were paid to the Complainant towards her share. Counsel for the Complainant disputes this version and further submits that conveyance of the property in favour of the Applicant is in the process of being cancelled by the DDA.
4. It is stated on behalf of the prosecution that, based on material received from the investigating agency, the DDA has indeed initiated proceedings for cancellation of the mutation and conveyance deed in favour of the Applicant and that the investigation is still at an initial stage.
BAIL APPLN. 3425/2025 Page 2 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 20:56:45
5. On the other hand, counsel for the Applicant submits that, as on date, no cancellation order has been passed. The DDA has only issued notice to the Applicant to participate in the cancellation proceedings, which he has challenged before this Court by way of a separate writ petition. It is contended that the dispute is essentially between co-heirs regarding title and succession, that the relevant transactions are supported by documents, and that the matter is already engaging the attention of the civil and writ jurisdictions.
6. This Court, by order dated 9th September, 2025, granted interim protection to the Applicant, while directing him to continue to appear before the Investigating Officer.
7. Mr. Aashneet Singh, APP for the State, on instructions, confirms that the Applicant has already appeared before the IO and that no further notice to appear has been issued to him thereafter. He states that the prosecution is in the process of collecting the relevant documents and that a chargesheet shall be filed in due course. Nonetheless, the Applicant undertakes that he shall continue to cooperate with the investigation, and that undertaking is taken on record.
8. On an overall consideration of the facts and circumstances of the present case, based on the material placed before this Court, the dispute prima facie appears to arise from competing claims of succession and title, with the core allegations turning on the genuineness and effect of nomination, surviving member certificates, affidavits and related documents. It is also noted that there is an inter se dispute between the parties in relation to the estate of Late Mr. Ravinder Malhotra, and civil proceedings are stated to be pending.
BAIL APPLN. 3425/2025 Page 3 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 20:56:45
9. The Applicant has joined investigation, has enjoyed interim protection, and there is no allegation before this Court of non-cooperation or misuse of that protection. The investigation is largely documentary in nature. In these circumstances, custodial interrogation of the Applicant does not appear necessary at this stage.
10. In view of the foregoing, the application is allowed. It is directed that in the event of arrest in FIR No. 112/2025, the Applicant shall be released on bail on furnishing a bail bond in the sum of INR 50,000/- with two sureties of the like amount to the satisfaction of the concerned SHO/Court, subject to the following conditions:
a. The Applicant shall continue to join and cooperate with the investigation, as and when directed by the IO; b. The Applicant shall not contact the witnesses or tamper with the evidence in any manner;
c. The Applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times; d. The Applicant shall not leave the country without the permission of the Trial Court.
11. In the event of there being any FIR/DD entry/complaint lodged against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail.
12. It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.
BAIL APPLN. 3425/2025 Page 4 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 20:56:45
13. The application is allowed in the afore-mentioned terms.
14. Pending application also stands disposed of.
SANJEEV NARULA, J DECEMBER 4, 2025/as BAIL APPLN. 3425/2025 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 20:56:45