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2026 DAILYLAW 18075 (DEL)

DEEPAK v. STATE (NCT OF DELHI)

BAIL APPLN./2923/2026 · 2026-09-14

Saurabh Banerjee

body2026

Judgment text

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$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010329022026 + BAIL APPLN. 2923/2026, CRL.M.A. 21977/2026 DEEPAK ..... Applicant Through: Mr. Siddharth Satija, Ms. Sowjhanya Shankaran, Ms. Surbhi Nandan, Mr. Sandeep Mishra, Ms. Charu Sinha and Ms. Akanksha Bisht, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Narender Singh, NR-I, Crime Branch CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 14.09.2026 1. Since 11.09.2026 was declared a holiday on account of BRICS Summit, the present matter is taken up today. 2. 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.113/2025 dated 09.05.2025 registered at PS: Crime Branch under Sections 20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 3. Briefly put, the Police, acting on secret information in the early hours of 09.05.2025, apprehended one Eicher Container (vehicle) bearing No.HR69B7295 at Mata Kali Road, Sector 32, Rohini, Delhi driven by the applicant herein, with co-accused Sunil @ Kala sitting in front seat next to 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 17/09/2026 at 11:17:19 him. A total of 365.03kg of Ganja was found in a hidden cavity therein, and the applicant was accordingly taken into custody along with the co- accused Sunil @ Kala. 4. In these facts, this Court has heard learned counsel for the applicant as well as learned APP and perused the materials on record. 5. As per facts herein, and as per the Charge Sheet also, the applicant was, admittedly, only a ‘Driver’ driving the vehicle in question at the relevant time. It is also an admitted position that the said applicant, along with the co-accused Sunil @ Kala, was carrying the contraband from Odisha to Delhi NCR on the instructions of the main accused Happy @ Sanjeev Rana. The said main accused Happy has been identified as the mastermind, who not only purchased and arranged the vehicle involved and purchased insurance therefor, but also paid the fastag recharges from his mobile phone. He has also disclosed having procured the contraband from the source, co-accused Santosh Pradhan. As such, it is safe to infer that the applicant had been working as per instructions/ for and on behalf of the main accused Happy. 6. Moreover, though the applicant herein was arrested on the spot but there was nothing found in his conscious possession. 7. Interestingly, the co-accused Sunil @ Kala who was seated next to the applicant herein and was also arrested from the spot along with the him, has already been granted regular bail by the learned Trial Court vide order dated 12.03.2026. 8. Considering all the aforesaid factors cumulatively, along with the fact that the applicant has clean antecedents as he is a first timer who has already been under incarceration for a period of over sixteen months, 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 17/09/2026 at 11:17:19 during which time his conduct in custody has been ‘Satisfactory’, the present application is allowed. 9. Resultantly, the applicant be released on regular bail in proceedings arising out of FIR No.113/2025 dated 09.05.2025 registered at PS: Crime Branch under Sections 20/25/29 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 to the satisfaction of the Jail Superintendent, and further subject to the following conditions: i. Applicant shall not leave 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 by way of an affidavit. ii. Applicant shall surrender his Passport, if any, to the concerned IO, within a period of three days. iii. Applicant shall appear before the Court as and when the 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 and shall not be switch off or change the mobile number without prior intimation to the concerned IO. v. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, or tamper with the evidence of the case. 10. A copy of the present order be sent to the concerned Jail 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 17/09/2026 at 11:17:19 Superintendent for information and compliance forthwith. 11. Needless to say, any expression of view(s) on the merits of the matter is solely for the adjudication of the present application and shall have no bearing on the overall proceedings involved. 12. The present application is disposed of in the aforesaid terms. SAURABH BANERJEE, J SEPTEMBER 14, 2026/bh 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 17/09/2026 at 11:17:19