Synopsis

This judgment by the Delhi High Court disposes of an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973 (CrPC). The applicant, accused in an FIR registered for offences under Sections 406 (criminal breach of trust), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC), sought pre-arrest protection. The complainant alleged that the accused induced him to pay money to purchase land in their joint names, but instead purchased the land in his own name and sold it for profit. The court, after analyzing the facts, found the dispute to be primarily civil in nature, lacking essential documentary evidence to prove the alleged criminal intent. Noting that the matter had been referred to mediation (which failed) and that no receipts existed to prove the purpose of the money transfer, the court granted anticipatory bail.

1. Heading for the judgment

Citation: Harvinder Singh Sodhi v. State NCT of Delhi Through SHO Amar Colony Police Station, BAIL APPLN. 3578/2024, decided on 18.03.2026 (Delhi High Court)
Coram: Hon'ble Mr. Justice Girish Kathpalia (Single Judge)
Core Law: Criminal Procedure Code, 1973 (Section 438 - Anticipatory Bail); Indian Penal Code, 1860 (Sections 406, 420, 506).

Delhi High Court grants anticipatory bail in cheating case, holds that dispute over money for land purchase is civil in nature where no documentary evidence of fraudulent intent exists.

2. Legal framework

This judgment involves the principles governing the grant of anticipatory bail and the distinction between civil and criminal wrongs.

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