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2026 DAILYLAW 16449 (DEL)

VIKAS v. STATE OF NCT OF DELHI

BAIL APPLN./2549/2026 · 2026-08-24

Saurabh Banerjee

body2026

Judgment text

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$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010288522026 + BAIL APPLN. 2549/2026, CRL.M.A. 19591/2026 VIKAS ...Applicant Through: Mr. Hariom Goyal, Mr. Sahil, Ms. Khushi Singhal and Ms. Ashu Gupta, Advs. versus STATE OF NCT OF DELHI ...Respondent Through: Mr. Satish Kumar, APP for State ASI Rajender Kumar, Crime Branch CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 24.08.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in proceedings arising out of FIR No.64/2025 dated 09.03.2025 registered at PS: Crime Branch under Sections 22/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. Succinctly put, it is the case of the prosecution that based on secret information received by the Police, the applicant was apprehended at 04:50 PM on 08.03.2025 near Narela Main Road, Delhi, while he was riding a Splendor bike with a jute bag in the front side thereof. From the said jute bag, 28 boxes of capsules, totalling 6720 capsules, consisting of Dicyclomine HCI, Tramadol HCI and Acetaminophen were recovered. 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 29/08/2026 at 15:02:15 The applicant was arrested on his failing to produce any prescriptions or bills, or to provide a satisfactory explanation for the same. 3. During the course of investigation, the applicant stated that he was working for one medical store, Dev Rishi, and it was on the instructions of the co-owners thereof that the applicant had collected the jute bag, only for the purpose of transporting it. Based on his interrogation, including the said co-owners and the sources revealed by them, several other accused persons were also apprehended. This, allegedly led to a further recovery of 18,000 tablets of Tramadol amounting to 1.8kg and 7,400 tablets of Nitrazepam (Elza-10), as also a larger network of individuals involved was uncovered. 4. In these facts, this Court has heard learned counsel for applicant as well as learned APP, who has also handed over the Status Report which is taken on record, as also gone through the materials on record. 5. It is relevant to note that one of the co-owners of the said medical store with whom the applicant was employed, namely Sunil Kumar Bhardwaj @ Neetu, was recently granted regular bail by this Court vide order dated 20.08.2026 in Bail Appln.2488/2026 by this Court. 6. As borne out, this Court is told that the applicant was a 12th pass and only of 20 years age at the time of the incident. As per facts, prima facie the role attributable to the applicant is merely that of being the ‘carrier’ of the contraband as he was simply carrying the jute bag given to him by the wife of his employer/ co-accused Sunil, who has since been granted bail by this Court. The applicant was only a salaried worker transporting the seized packets for the medical store from one place to another under the instructions of his employers. In such a situation, 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 29/08/2026 at 15:02:15 knowledge of the contents inside the jute bag, if any, can hardly be attributable to him. 7. Further, the applicant has clean antecedents, and as per the Nominal Roll, his conduct throughout his period of custody has been ‘Satisfactory’. In fact, whence previously released on interim bail, he has always surrendered on time and never committed any further offences. 8. Under such circumstances, particularly, considering the role of the applicant, the provisions of Section 37 NDPS Act cannot be squarely applicable herein. 9. In view thereof, this is a fit case for releasing the applicant on regular bail. 10. Accordingly, the present application is allowed, and the applicant is directed to be released on regular bail in proceedings arising out of FIR No.64/2025 dated 09.03.2025 registered at PS: Crime Branch under Sections 22/25/29 NDPS Act subject to him furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) alongwith one surety of the like amount by a family member/ friend having no criminal case pending against him/ her to the satisfaction of the concerned Jail Superintendent, and further subject to the following conditions: i. Applicant shall not leave the NCT of Delhi without prior permission of this Court and shall ordinarily reside at the address as per prison records. If he wishes to change his residential address he shall immediately intimate about the same to the concerned IO. ii. Applicant shall surrender his passport to the concerned IO, within three days. iii. Applicant shall appear before the Court as and when 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 29/08/2026 at 15:02:15 matter is taken up for hearing. iv. Applicant shall provide all his mobile numbers to the concerned IO which shall be kept in working condition at all times. v. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the victim/ complainant or any member of the victim's/ complainant’s family or tamper with the evidence of the case or try to dissuade them from disclosing such facts to the Court or to any police officials. 11. Copy of this order be sent to the concerned Jail Superintendent for information and compliance forthwith. 12. Accordingly, the present application, alongwith the pending application, is disposed of in the aforesaid terms. 13. Needless to say, any observations made on the merit(s) hereinabove are solely for the purposes of adjudication of the present application and shall have no bearing on the overall proceedings involved. SAURABH BANERJEE, J AUGUST 24, 2026/So 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 29/08/2026 at 15:02:15