$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010270312026 + BAIL APPLN. 2391/2026 LOVE KUMAR@SONU .....Applicant Through: Mr. Pramod Kumar, Adv. versus THE STATE OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP with Mr. Aditya Vikram Singh, Adv. Insp. Sanjeev Kr., PS: HNRD CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 17.08.2026 1. By virtue of the present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in FIR No.06/2026 dated 25.01.2026 registered at PS.: Hazrat Nizamuddin Railways, Delhi under Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. As per FIR, on 25.01.2026, co-accused Pankaj Kumar was apprehended at Platform No.8, Hazrat Nizamuddin Railway Station, Delhi and total recovery of 29.90 kg of ‘Ganja’ was effected from him. During investigation, based on his disclosure statements, involvement of the present applicant surfaced, and he was apprehended on 30.01.2026. However, search did not yield any recovery whatsoever at his instance. 3. In this factual backdrop, this Court has heard learned counsel for the applicant and learned APP, as also perused the materials on record. 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 19/08/2026 at 11:48:25 4. A compilation of judgments handed over by learned counsel for the applicant is taken on record. 5. As borne out from the facts herein, the applicant is admittedly not named in the present FIR and thus no role is assigned to him. In fact, no recovery has been made from him at the time of his arrest and/ or at his instance. The involvement of the applicant herein solely rests upon the disclosure statements of the co-accused. Taking all the above factors together, especially with no recovery of any kind from the applicant even after the disclosure statement of a co-accused, as held in Tofan Singh v. Tamil Nadu, (2021) 4 SCC 1 since mere recording of a disclosure statement under Section 67 of the NDPS Act only accords support to the surrounding evidences, and it cannot be treated as the foundational basis for establishing guilt, there is nothing concrete against the applicant as of now. 6. Also, though his presence between 20.01.2026 to 21.01.2026, right before the date whence the co-accused was apprehended, is seen in the CCTV footage, and his name is stated to have appeared in the visitor’s record of Hotel Dolfin, Raipur, Chhattisgarh as also at Dev Home Stay Guest House, Nangli Rajapur, Sarai Kale Khan, New Delhi on 25.01.2026, the fallout thereof being matters of trial, are not sufficient to hold back grant of regular bail. Based thereon, the involvement of the applicant in the offence is unclear. The same being matters of trial cannot stand in the way of granting regular bail to the applicant herein. 7. Furthermore, since the applicant is a twenty-six years old man and is languishing in judicial custody for almost eight months as on date wherein his conduct has been “Satisfactory” as per the Nominal Roll as also since 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 19/08/2026 at 11:48:25 the chargesheet has already been filed before the learned Trial Court, this Court is inclined to grant bail to the applicant herein. 8. Considering the aforesaid, even though the applicant is involved in one more FIR under the NDPS Act prior to registration of the present FIR, wherein he is out on regular bail, however, as held in Prabhakar Tiwari vs. State of U.P. & Anr.: (2020) 11 SCC 648 that mere involvement of the applicant in other offences itself cannot be a ground for denial of bail to an accused, this Court is inclined to grant regular bail to the applicant. 9. Accordingly, the present application is allowed and the applicant be released on regular bail in FIR No.06/2026 dated 25.01.2026 registered at PS.: Hazrat Nizamuddin Railways, Delhi under Sections 20/29 of the NDPS Act subject to him furnishing a personal bond in the sum of Rs.50,000/- [Rupees Fifty Thousand Only] along with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and subject to the satisfaction of the learned Trial Court, and further subject to the following conditions: i. The applicant shall not leave the country without prior permission of this Court and shall ordinarily reside at the address provided in the Trial Court record i.e. Village Nanagwas, PS Mandhan District Kotputli, Rajasthan and in case of any change in the residential/ permanent address/ contact details/ phone number, the applicant shall inform the same to the IO concerned. ii. Applicant shall surrender his Passport, if any, to the IO concerned within three days of his release and shall join and participate in the investigation as and when called by the IO. 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 19/08/2026 at 11:48:25 iii. Applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times. iv. The applicant, upon return to his hometown in Rajasthan, shall mark his presence once in two months before the local Police Station of his area. v. The applicant shall also appear before the Court as and when the matter is taken up for hearing. vi. Applicant shall not indulge in any criminal activity and shall not contact any of the prosecution witnesses, or tamper with the evidence of the case. 10. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance forthwith. 11. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J AUGUST 17, 2026/So/DA 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 19/08/2026 at 11:48:25