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Delhi High Court - Orders

Rahul @ Sandeep vs State Of Nct Of Delhi on 3 November, 2020

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~19
                         *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +    BAIL APPLN. 2886/2020
                              RAHUL @ SANDEEP                           ..... Petitioner
                                             Through: Mr Vishal Raj Sehijpal and Mr
                                                      Anwar A. Khan, Advocates.
                                             versus
                              STATE OF NCT OF DELHI                     ..... Respondent
                                             Through: Mr Amit Gupta, APP for State.
                              CORAM:
                              HON'BLE MR. JUSTICE VIBHU BAKHRU
                                       ORDER

% 03.11.2020 [Hearing held through videoconferencing]

1. The petitioner has filed the present petition seeking bail in FIR No. 0397/2020 under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered with PS Mukherjee Nagar.

2. The said FIR was registered on the basis of a report made by HC Sunil Kumar. He stated that on 21.06.2020, he was on patrolling duty along with Ct. Naveen from the same police station (PS Mukerjee Nagar). When they were near Polo Road, Community Centre, they observed that two boys had hastened to move away on seeing them. He signalled them to stop. However, they did not do so and started fleeing. He states that he and Ct. Naveen pursued and apprehended them. They were searched and 2.2 kgs of ganja was recovered from the bag carried by the petitioner.

3. The petitioner has been in custody since 21.06.2020. The quantity of the contraband recovered from the petitioner exceeds small quantity. The petitioner is not involved in any previous case relating to an offence under the NDPS Act.

Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:03.11.20

4. The petitioner is aged about twenty-three years. There are no public witnesses. Thus, there is little possibility of the petitioner influencing the witnesses. The investigation has been complete and the chargesheet has been filed.

5. In view of the above, this Court considers it apposite to allow the present petition. The petitioner shall be released on bail on his furnishing a personal bond in the sum of ₹10,000/- with two sureties in the like amount to the satisfaction of the concerned Trial Court/Duty Magistrate. This is also subject to following further conditions:

(a) that the petitioner shall provide a contact number to the SHO/IO and ensure that he is reachable at all times;
(b) that the petitioner shall mark his presence before SHO/IO of the concerned PS (PS Mukherjee Nagar) on the Monday of each calendar week.
(c) that the petitioner shall not leave the National Capital Territory of Delhi; and
(d) that the petitioner shall not change his residential address without prior intimation to the concerned SHO/IO.

6. The petition is allowed in the aforesaid terms.

VIBHU BAKHRU, J NOVEMBER 3, 2020/RK Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:03.11.20