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Delhi High Court

Harish Kumar vs State Nct Of Delhi on 16 January, 2026

                          $~41
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                            Date of Decision: 16.01.2026
                          +      BAIL APPLN. 175/2026, CRL.M.A. 1488/2026 & 1487/2026

                                 HARISH KUMAR                                       .....Petitioner
                                                       Through:   Mr. Balaji Pathak, Advocate

                                                       versus

                                 STATE NCT OF DELHI                                 .....Respondent
                                                       Through:   Mr. Amit Ahlawat, APP for State
                                                                  with SI Tanish Kumar, NDR/Crime
                                                                  Branch

                                 CORAM:               JUSTICE GIRISH KATHPALIA

                          J U D G M E N T (ORAL)

1. The accused/applicant seeks regular bail in case FIR No.59/2025 of PS Crime Branch for offence under Section 20/25/29 NDPS Act.

2. Learned proxy counsel for accused/applicant requests for passover awaiting the arguing counsel, which is not possible due to pending heavy board. And in view of facts and circumstances of this case, adjourning the matter would not be appropriate. Therefore, I have heard learned APP for State assisted by IO/SI Tanish Kumar.

BAIL APPLICATION 175/2026 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Signature Not Verified KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff8 01e26fa, cn=GIRISH KATHPALIA Date: 2026.01.16 18:25:59 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:16.01.2026 18:25:36

3. Broadly speaking, the prosecution case is that on 04.03.2025 at about 08:30pm, on the basis of secret information, a trap was laid by the local police to apprehend one proclaimed offender, Balkesh. On being apprehended, it was found that Balkesh was taking delivery of a bag from a person who came in a car. The bag was found to contain 11.630kg ganja. In the process, driver of the car fled away after abandoning the car. From the car, 56.642kg ganja was recovered. Accused Balkesh was arrested and investigation proceeded further. On 19.04.2025, the accused/applicant was arrested on the basis of disclosure statement of accused Balkesh.

4. Admittedly, nothing incriminating has been recovered from the accused/applicant and his arrest is solely on the basis of disclosure statement of Balkesh. More importantly, even in the alleged disclosure statement, Balkesh did not name the accused/applicant but named one Vijay. The said disclosure statement of accused Balkesh is at page no. 43 of paperbook. However, accused Balkesh made a second disclosure statement, naming the present accused/applicant as driver of the car. The fact remains that there are two disclosure statements, contrary to each other. Most importantly, Balkesh, from whom the contraband was allegedly recovered has already been released on bail.

5. Considering the above circumstances, I find no reason to further deprive the accused/applicant liberty. The Bail Application is allowed and accused/applicant is directed to be released on bail, subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount BAIL APPLICATION 175/2026 Page 2 of 3 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a fec45569af3962c6fb4835d435f97626ca cca, ou=HIGH COURT OF DELHI,CID -

KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c48796 5ff801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2026.01.16 18:25:48 -08'00' By:NEETU N NAIR Signing Date:16.01.2026 18:25:36 to the satisfaction of the Trial Court. Accompanying applications also stand disposed of.

6. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID -

KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965f f801e26fa, cn=GIRISH KATHPALIA Date: 2026.01.16 18:25:34 -08'00' GIRISH KATHPALIA (JUDGE) JANUARY 16, 2026/as BAIL APPLICATION 175/2026 Page 3 of 3 pages Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:16.01.2026 18:25:36