Tushar Agarwal Through Parokar vs State (Nct Of Delhi) Through S.H.O P.S ... on 8 October, 2025

[Cites 14, Cited by 0]

Delhi High Court - Orders

Tushar Agarwal Through Parokar vs State (Nct Of Delhi) Through S.H.O P.S ... on 8 October, 2025

1. Bail Application under Section 430 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed on behalf of the Applicant/Tushar Agarwal seeking Regular Bail in FIR No. 258/2023 under Sections 22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") dated 06.10.2023, PS Special Cell.

2. It is submitted that the Applicant/Tushar Agarwal was arrested on 04.04.2024 and is an innocent person who has been falsely implicated in this case on the basis of the disclosure statement of co-accused, with no substantive evidence against him.

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 13/10/2025 at 21:43:27

3. It is submitted that the First Regular Bail Application of the Applicant was dismissed as withdrawn before the court of Ld. ASJ, while the Second Regular Bail Application of the Applicant was dismissed vide Order dated 28.01.2025 by Ld. ASJ/Special Judge/NDPS Act.

4. The brief facts of the case are that on 06.10.2023 at 11:30 AM, special information was received at the SWR office, Special Cell, Janakpuri, Delhi that Faizan was expected to deliver a large consignment of Tramadol to an associate in the Kardampuri and Seelampur areas between 2:00 PM and 4:00 PM. The informant also added that Faizan would collect the contraband from East of Kailash area.

5. The information was recorded vide DD No. 40A, and a raiding party led by Inspector Manender Singh, reached Seelampur at 1:10 PM. At about 3:25 PM, on the pointing of the informant, an Auto-Rickshaw bearing No. DL1RV6717 traveling from Okhla Sabzi Mandi was intercepted the vehicle near SBI Bank, Captain Gaur Road. Both the auto driver, Amit Kumar and Faizan were apprehended.

6. Amit Kumar revealed that Faizan boarded the Auto at Sant Nagar around 3:00 PM, loaded five cartons from East of Kailash to ISBT Anand Vihar. Upon inspection, two smaller cartons were recovered which contained Cocrex syrup (Triprolidine Hydrochloride & Codeine Phosphate), while three larger cartons contained Spasmaxx Capsules (Dicyclomine Hydrochloride, Tramadol, and Acetaminophen). The cartons were seized by the raiding Team.

7. Subsequently, the present FIR under Sections 22/29 of the NDPS Act was registered. Faizan was arrested and during interrogation, he disclosed 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 13/10/2025 at 21:43:27 that on 06.10.2023, he procured 05 cartons of psychotropic substance without bills from one, Rekha.

8. Further investigations revealed that Faizan disclosed to have kept some cartons of Tramadol at his rented house, which he had procured from one, Zubair. Subsequently, on 07.10.2023, 05 cartons of psychotropic substance which contained Tramadol, Pentazoocine and Alprazolam were recovered from his rented house.

9. Zubair was also arrested and disclosed to have procured 03 cartons of psychotropic substance in an Auto. The Auto Driver was called at the spot and 03 cartons of psychotropic substances were recovered from the Auto on the instance of Zubair.

10. During Police Remand, accused Zubair disclosed to have kept some more psychotropic substances at his rented house. It was Zubair who disclosed to have procured some of the recovered psychotropic substance from the Applicant/Tushar, which led to the arrest of the Applicant on 04.04.2024.

11. Several chat messages with the Applicant were recovered from the mobile phone of Zubair. CDRs and chats were analyzed which revealed that both the accused persons were in regular touch before arrest of Zubair. There were incriminating chats between Zubair and the Applicant herein regarding supply of contraband and payment by cash/online were also found.

12. It is submitted that the Chargesheet has already been filed in the present case.

13. The Applicant/Tushar has filed the present Bail Application on the grounds of parity that despite recovery of contraband from the co-

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 13/10/2025 at 21:43:27 accused, Rekha, she has already been admitted to Bail by this Court vide Order dated 26.11.2024 Bail Application No.3901/2024.

14. It is submitted that there is no material evidence linking the Applicant to the alleged offence. The entire Prosecution case is based on the uncorroborated disclosure statements of co-accused persons, which are inadmissible as per Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1.

15. It is submitted that the Applicant was a student at the time of his arrest and remained enrolled as a regular student until 2024, during which he appeared for and passed his M.Com examination. He was preparing to pursue further studies, but his detention has severely impacted his aspirations and future academic prospects.

16. It is further submitted that the Applicant is permanent resident of Aligarh and have deep roots in the society and there is no likelihood of his evading the trial or tampering with evidence or jumping out the Bail. Furthermore, the Applicant is a young man of 25 years and has clean antecedents.

17. It is submitted that the Applicant comes from a very poor family. His father is bedridden due to multiple health issues, and his mother, who is also dependent, suffers from a serious medical condition requiring surgery. Without the Applicant's support, their well-being is at risk. His elder brother works in the merchant navy abroad and cannot leave his job due to the family's financial crisis.

18. It is submitted that the rigors of Section 37 NDPS Act do not apply in the present case, as there is no recovery of any contraband from the Applicant, and there are no reasonable grounds to believe that he is guilty of the alleged offence.

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 13/10/2025 at 21:43:27

19. Thus, a prayer is made for grant of Regular Bail.

20. The Status Report has been filed on behalf of the Respondent/State detailing the facts of the case.

21. It is stated that the role of the Applicant/Tushar Agarwal was to procure the contraband substances on demand from Yusuf Aajam, without bills. He used to further sell the contraband substance to accused Zubair.

22. The evidences against the Applicant are detailed as under:

a. CRD show frequent communication between Tushar and co-

accused Yusuf (349 calls) and Zubair (262 calls) during the period of contraband dealings.

b. Bank statements of Tushar reflect digital payments totaling Rs.6,13,300 to Yusuf Aajam through Sunrise Pharmaceuticals and NA Pharma. Photos of cash deposit slips amounting to Rs.85,72,500, matching transactions in Sunrise Pharma's records, were recovered from Tushar's phone. Rs.94,500 was also transferred to Tushar by Saba Parbeen, linked to Zubair. c. Chats and photos on Zubair's phone revealed images of contraband and payment slips involving Tushar, with two financial transactions verified in the statements of Tushar and Saba Parbeen (Aug-Sep 2023).

d. Images on Tushar's phone showed balance slips related to Zubair, saved under the name "Zuber Bhai".

e. Witness Raju Coolie stated he handled loading/unloading of cartons for Tushar and co-accused Rahul Varshney, which were transported from Lucknow to Delhi.

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 13/10/2025 at 21:43:27 f. Chats between Zubair and Tushar referred to bus number 8223 and a phone number. Witness Kumud Sharma, conductor of the mentioned bus, confirmed delivering cartons to Zubair using that contact.

g. A batch of Spasmoproxyvon Plus (XY10156) found with accused Faizan Beg was traced back through Zubair, Rahul, and Tushar to Yusuf Aajam. Related bills and a receiving invoice from Vardhman Pharmaceuticals confirmed procurement under NA Pharma.

23. Lastly, it is stated that the treatment records submitted by the Applicant were verified with Matra-Chhaya Clinic & Nursing Home, Ramghat Road, Aligarh, UP, which states that the patient Rashmi Agrawal (46/F) was treated on two occasions (02/04/2023 and 14/09/2025). She has been advised to undergo a hysterectomy due to lack of response to treatment; however, no date for surgery has been scheduled yet. There is no current medical emergency, and the operation can be deferred.

24. Thus, the present Bail Application is liable to be dismissed. Submissions heard and record perused.

25. The case at hand pertains to the procurement and distribution of psychotropic substances under the NDPS Act. One Faizan Beg was arrested on 06.10.2023, after a raid based on the Secret Information, during which 05 cartons of contraband were recovered from an Auto he was travelling in. The Auto driver, Amit Kumar, was also detained but later released. Faizan disclosed that he had procured the substances from co-accused Rekha. Faizan further led to the recovery of additional contraband from his rented house. Based on Faizan's statement, Zubair was arrested, who then 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 13/10/2025 at 21:43:27 disclosed the name of the Applicant/Tushar Agarwal, who was arrested on 04.04.2024, although no recovery was made from him.

26. First and foresmost, it has to be noted that two of the co-accused persons have already been granted Bail by this Court. Co-accused Rekha was granted Bail vide Order dated 26.11.2024 in her Bail Application No.3901/2024. Furthermore, Co-accused Ashwani Kumar @ Ashu has also been granted Bail vide Order dated 03.04.2025 in Bail Application No. 280/2025.

27. Secondly, it is an admitted case that no recovery of any contraband was made from the Applicant/Tushar Agarwal. The evidence against him primarily consists of CDRs and the chat messages recovered from the mobile phone of co-accused Zubair, which suggest that they were in contact prior to Zubair's arrest.

28. However, it is significant to note that there was no recovery of any contraband substance from the Applicant and the evidence to establish his involvement essentially are the CDR.

29. The Apex Court, in State (by NCB) Bengaluru vs. Pallulabid Ahmad Arimutta, (2022) 12 SCC 633, while refusing to interfere with the order granting Bail, observed that the CDR details of some of the accused or the allegations of tampering of evidence on the part of one of the respondents is an aspect that will be examined at the stage of trial.

30. A Co-ordinate Bench of this Court, in Phundreimayum Yas Khan vs. State (NCT of Delhi), 2023 SCC OnLine Del 135, observed that in the absence of any other incriminating evidence, Bail cannot be denied merely on the basis of CDRs of the accused persons.

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 13/10/2025 at 21:43:27

31. Similarly, the Co-ordinate bench in the case of Deepak Nagiya vs. State (NCT of Delhi), 2023 SCC OnLine Del 5641, granted anticipatory Bail where the only incriminating material against the accused was the disclosure statement of a co-accused and CDRs.

32. Lastly, the Applicant has been in the Judicial Custody since 04.04.2024 i.e. for more than one year. Two of the co-accused have already been granted Bail.

33. It needs to be considered simultaneously, that even though Chargesheet/Supplementary Charge-Sheet has already been filed, but even the Charges are yet to be framed.

34. It is opposite to refer to the decision of the Apex Court in Union of India vs. K.A. Najeeb, (2021) 3 SCC 713 wherein it was observed that Courts are obligated to release the undertrial prisoners on Bail if there is a delay in Trial. Further, it was observed that statutory restrictions do not exclude the discretion of Constitutional Courts to grant Bail on the grounds of violation of Fundamental Rights enshrined in Part III of the Constitution of India.

35. In the decision of Manish Sisodia vs. Central Bureau of Investigation, 2023 SCC OnLine SC 139, the Apex Court reiterated that that right of liberty guaranteed under Article 21 of the Constitution of India is a sacrosanct right which needs to be accepted even in cases where stringent provisions are incorporated through special laws. It was held that prolonged incarceration before being pronounced guilty of an offence, should not be permitted to become punishment without trial. It was further observed that fundamental right of liberty provided under Article 21 of the Constitution is 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 13/10/2025 at 21:43:27 superior to statutory restrictions and reiterated the principle that "bail is the rule and refusal is an exception".

36. Furthermore, the Apex Court in the case of Man Mandal & Anr. vs. The State of West Bengal, SLP(CRL.) No. 8656/2023 had granted Bail to the Petitioner therein, in an FIR for offences under the NDPS Act, on the ground that the accused had been incarcerated for a period of almost two years and the trial was likely going to take considerable amount of time.

37. Considering his conduct, nature of allegations and that the Charge- Sheet has already been filed against him, the Applicant/Tushar Agarwal is admitted to Regular Bail on his furnishing a Personal Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of learned Trial Court/Learned CJM/learned Illaka JMFC/learned Duty JMFC and on the following conditions:

(a) That the Applicant shall not tamper with the evidence or influence any witness(es) in any manner;

(b) That the Applicant shall file an "Undertaking" to the effect that he shall appear before the Court on each and every date of hearing to attend the proceedings in accordance with the terms of Bail Bond, which would be executed by him. In case of default, it shall be open to the learned Trial Court to treat it as an abuse of liberty of Bail and pass orders in accordance with law;

(c) In case the Applicant misuses the liberty of Bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C is issued and the Applicant fails to appear before the Court on the date fixed in such proclamation, then the learned Trial Court shall initiate necessary proceedings against him, in accordance with law;

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 13/10/2025 at 21:43:27

(d) The Accused/Applicant is further directed not to leave the jurisdiction of NCT of Delhi, without prior permission of the concerned IO/SHO;

(e) The Applicant shall provide his mobile number and share his google PIN location to the concerned IO/SHO and shall keep his mobile phone operational at all times.

38. The Bail Application is disposed of accordingly.

NEENA BANSAL KRISHNA, J OCTOBER 8, 2025 N 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 13/10/2025 at 21:43:27

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders