$~4 (APPELLATE) * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 675/2025 & CRL.M.A. 11726/2025 MD. REHAN ABDULLAH .....Petitioner Through: Mr. Aditya Aggarwal, Mr. Manas Agarwal & Mr. Naveen Panwar, Advs. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP with M CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 19.05.2025 BAIL APPLN. 675/2025 1. This is a petition seeking bail in FIR No.85/2021 under Section 21/29 of NDPS Act, registered at Special Cell Police Station on 24.03.2021. 2. In the present case, the petitioner was apprehended with 2.539 kg of heroine on 23.03.2021. 3. It is stated by Mr. Agarwal, learned counsel for the petitioner that in the present case, the petitioner has been in custody for almost 04 years, 02 months and out of 16 witnesses, only 06 have been examined and hence, there is delay in trial. The law in this regard is adequately settled. 4. The same is opposed by Mr. Singh, learned APP for the State on the ground that the petitioner has been apprehended with 2.539 kg of heroine , which is a commercial quantity. 5. He further states that the co-accused apprehended along with the 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 01/07/2025 at 00:22:22 petitioner was granted interim bail, and has jumped the bail and hence, there are apprehensions that the petitioner also would do the same. 6. I have heard the counsels for the parties. 7. In the present case, the bail application of the petitioner was dismissed on 14.08.2024 by the learned Trial Court. 8. The petitioner filed another bail application before this Court in January, 2025 and the same was dismissed as withdrawn vide order dated 14.01.2025. Thereafter, the present bail petition has been filed. 9. Submissions of Mr. Agarwal, learned counsel for the petitioner is that the petitioner has now undergone more than 04 years of incarceration and hence, that is a changed circumstance which prompted filing of the present petition. 10. Though, I am in agreement with the contention of the learned counsel for the petitioner that a period of 04 months since the last dismissal order is a changed circumstance and that the jumping of bail of the co-accused is not a factor for considering the bail application of the petitioner, but I am of the view that the petitioner should first approach the Sessions Court. These factors sought to be argued before this Court for the first time have not been argued before the Sessions Court. 11. The same is to be first adjudicated by the Sessions Court and thereafter, the petitioner is entitled to approach the High Court of Delhi. 12. No doubt, the jurisdiction of this Court is concurrent with that of the Sessions Court, but as a principle of judicial propriety, the petitioner should first approach the Sessions Court raising these grounds. 13. The learned Trial Court is requested to adjudicate the same expeditiously as the petitioner has already been in custody for a period of more than 04 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 01/07/2025 at 00:22:22 years and in view of judgment of Hon’ble Supreme Court in case titled ‘Hussain & Anr. Vs. Union of India’, in SLP Crl. No.4437/2016 passed on 09.03.2017. 14. The petition is disposed of. 15. Dasti under signature of the Court Master. JASMEET SINGH, J MAY 19, 2025/pk Click here to check corrigendum, if any 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 01/07/2025 at 00:22:22