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2026 DAILYLAW 13039 (DEL)

VINAY KUMAR RAI v. STATE G.N.C.T OF DELHI & ANR.

BAIL APPLN./2775/2026 · 2026-07-20

Madhu Jain

body2026

Judgment text

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$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2775/2026 VINAY KUMAR RAI .....Petitioner Through: Mr. Pradeep Teotia, Ms. H.S. Gulati, Mr. Jitender Kumar, Advs. versus STATE G.N.C.T OF DELHI & ANR. .....Respondents Through: Ms. Richa Dhawan, APP. Insp. Mohd. Rizwan CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 20.07.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 21064/2026 2. Allowed, subject to all just exceptions. Application is disposed of. BAIL APPLN. 2775/2026 3. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of anticipatory bail to the petitioner in connection with FIR No. 69/2026, registered at Police Station Preet Vihar, Delhi, for offences punishable under Sections 22, 25, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’). 4. Learned counsel for the petitioner submits that there is no evidence against the petitioner. His name does not find mention in the FIR and he is 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 24/07/2026 at 11:53:39 sought to be apprehended only on the basis of the disclosure statement of the co-accused. He further submits that only the petitioner's wife had certain transactions with the co-accused, which were of a very small amount, totalling ₹33,000/-, and the said transactions were on account of ‘Kitty Group New’. For the same, the petitioner cannot be penalised. He further submits that even the Trial Court has refused to issue non-bailable warrants (NBWs) against the petitioner's wife and has only directed the issuance of bailable warrants. 5. Issue notice. 6. Notice is accepted by the learned APP for the State, who submits that the petitioner is a bad character (BC) of the area and that there are 14 criminal cases pending against him. He further submits that 120.18 grams of cocaine and 15.71 grams of MDMA, constituting a commercial quantity, were recovered from the co-accused. It is further submitted that the petitioner's wife had constant dealings with the co-accused. Apart from transactions amounting to ₹33,000/-, there were transactions amounting to ₹1,80,000/-. In her disclosure statement, she has further stated that certain amounts were also paid in cash and that ₹1,80,000/- does not represent the entire amount. He further submits that NBWs against the petitioner have already been issued by the learned Trial Court and that the custodial interrogation of the petitioner is necessary to unearth the entire chain of the accused persons. 7. Heard. 8. The allegations against the petitioner pertain to offences punishable under Sections 22, 25, 29, 61 and 85 of the NDPS Act. Having regard to the nature and gravity of the allegations, as well as the fact that the petitioner has 14 criminal antecedents, this Court is not inclined to grant the relief of anticipatory bail. It is well settled that the power to grant anticipatory bail is 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 24/07/2026 at 11:53:39 to be exercised sparingly, particularly in cases involving grave and serious offences. 9. This Petition is dismissed. 10. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 20, 2026/prg/rm 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 24/07/2026 at 11:53:39