p. 1 $~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1556/2024 & CRL.M.(BAIL) 753/2024 SURAJ SINGH @ PULLY .....Petitioner Through: Ms. Dolly Sharma, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Tarang Srivastava, APP for the State with SI Pritam. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 24.01.2025 By way of the present petition filed under sections 438 read with 482 of the Code of Criminal Procedure 1973, the petitioner seeks anticipatory bail in case FIR No. 155/2024 dated 11.04.2024 registered under section 21 of the Narcotics Drugs and Psychotic Substances Act, 1985 (‘NDPS Act’) at P.S.: K.N. Katju Marg, Delhi. 2. Notice on this petition was issued on 03.05.2024. Status Report dated 06.05.2024 has been filed by the State. 3. Vide order dated 08.05.2024, the petitioner was granted interim protection subject to him joining investigation as and when called by the Investigating Officer. 4. Ms. Dolly Sharma, learned counsel appearing for the petitioner submits, that admittedly no recovery of any contraband was made from the petitioner; and the allegation is that 17.83 grams of ‘smack’ was recovered from co-accused/Robin. It is submitted however that co- accused/Robin has been admitted to regular bail vide order dated 14.05.2024 made by the learned Special Judge, Rohini Courts, Delhi. It is further submitted that another co-accused/Sachin Yadav has been 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 29/01/2025 at 12:19:38 p. 2 granted anticipatory bail vide order dated 01.06.2024 made by the learned Special Judge. 5. Ms. Sharma submits, that though the petitioner has been joining investigation as and when called, the I.O. is alleging non-cooperation on his part complaining that the petitioner has not handed-over to the I.O. a certain cellphone, which is supposed to contain the record of alleged communication between the petitioner and co-accused/Robin. Counsel however submits, that the petitioner has informed the I.O. that his cellphone was lost and he is not in possession of it. 6. Mr. Tarang Srivastva, learned APP appearing for the State submits, that they have discovered that there were about 50 phone-calls between co- accused/Robin and the petitioner, apart from multiple WhatsApp calls. Learned APP submits, that the I.O. has also recovered a snapshot of a slip, which gives the dates and the quantities of contraband that was being traded by the co-accused persons, which snapshot was sent by co-accused/Robin to the petitioner. 7. Mr. Srivastva informs the court that investigation in the matter is complete, except the investigation in relation to the petitioner. Learned APP submits, that the petitioner has 02 other criminal involvements as detailed in the SCRB report. 8. However, it is observed that those criminal involvements are not in relation to offences under the NDPS Act but under certain other offences. 9. In view of the above, this court is inclined to allow the present petition, thereby directing that in the event of his arrest, the petitioner shall be 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 29/01/2025 at 12:19:38 p. 3 admitted to bail by the Investigating Officer/Arresting Officer subject to the following conditions : 9.1. The petitioner shall furnish a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with 02 local sureties in the like amount to the satisfaction of the Investigating Officer/Arresting Officer; 9.2. The petitioner shall furnish to the Investigating Officer a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; 9.3. If the petitioner has a passport, he shall surrender the same to the Investigating Officer and shall not travel out of the country without prior permission of this court; and 9.4. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. 10. The petition stands disposed-of in the above terms. 11. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JANUARY 24, 2025 ds 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 29/01/2025 at 12:19:38