Interim Order 10

Order Details: COPY OF ORDER
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Regular Bail Application
IA No. 9 in SC/460/2025
State Vs. Sunny
FIR no. 114/2025
PS Crime Branch
U/s 22/25/29 NDPS Act
12.11.2025
This is an application U/s 483 BNSS, 2023 seeking grant of
regular bail to the applicant/ accused.
Present: Sh. R.S. Kundu, Ld. Spl. PP for State (through VC).
Mr. Vikram Singh, Ld. Counsel for
applicant/accused.
ASI Om Prakash in person on behalf of IO SI
Krishna.
Reply to 3rd bail application is filed. Copy supplied.
Arguments heard.
Ld. Counsel for the applicant/ accused submits that
the applicant/ accused has been falsely implicated in the present
case. He further submits that nothing has been recovered from
the possession or at the instance of applicant/accused. He further
submits that allegedly initially co-accused Manish Bhatle was
arrested and 2360 Tramadol Capsules and 120 bottles of Codeine
Syrups were recovered from his possession. Thereafter, on his
disclosure statement co-accused Devender was arrested and the
name of applicant/accused was emerged during disclosure
statement of co-accused Jai Prakash who was arrested on the
disclosure statement of co-accused Devender. He further submits
that allegedly the applicant/accused is the source of 920
Tramadol Capsules which were recovered from the possession of
co-accused Manish Bhatle but according to him, nothing has
been recovered from the possession or at the instance of
applicant/accused. He further submits that as per the case of
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prosecution, there is CDR connectivity between
applicant/accused, co-accused Tarun Kumar and Jai Prakash but
the prosecution has not filed any transcription or anything else to
substantiate the said CDR is relating to present offence.
According to him, applicant/accused and other aforesaid two co-
accused persons are in the same business, therefore, they used to
talk to each other.
He further submits that the previous two bail
applications of applicant/accused were dismissed vide order dt.
19.08.2025 and 10.10.2025. He further submits that thereafter the
co-accused Nikhil, Devender and Tarun Kumar have already
been admitted to bail. According to him, the role of said accused
persons has been cited more than the role of applicant/accused,
therefore, according to him, the applicant/accused is entitle to
bail on the ground of parity. He further submits that the mobile
phone of applicant/accused was seized by the police during
investigation but till date the police has not filed any photo or
something else to substantiate that the applicant/accused was
doing anything illegal.
He further argues that the prosecution has batch
number, etc. of the recovered Tramadol Capsules and if the
investigation was done in proper way, then the trail of said
medicines/ capsules could be traced by the prosecution.
He further submits that the wife of applicant/accused
is pregnant and her delivery is pending for next month. He
further submits that the applicant/accused is in JC since
26.05.2025 and he is not involved in any other case. He further
submits that the applicant/accused is about 28 years old and the
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trial will take long time. Therefore, he requests to admit the
applicant/accused on bail.
He has filed copy of some medical documents of
wife of applicant/accused.
In support of his submissions, he has relied upon the
judgment titled as Mamta Sapra Vs. The State Govt. Of NCT of
Delhi, Crl. Rev.P.294/2023 & Crl. M.A. 7372/2023 dt.
01.07.2024 by Hon’ble Delhi High Court.
Per contra, Ld. Spl. PP for the state as well as IO
(by way of reply) have vehemently opposed the bail application.
Ld. Spl. PP for the state further submits that though the above
three accused persons have already been admitted to bail after
dismissal of previous bail application of applicant/accused but
according to him commercial quantity was recovered in the case
and the applicant/accused was connected with other accused
persons. Therefore, Section 37 NDPS Act read with Section 29
NDPS Act is applicable.
In view of aforesaid, they further submit that since
Section 37 NDPS Act is applicable, the applicant/accused has to
satisfy the twin conditions as provided U/s 37 NDPS Act. They
further submit that the in defence that the applicant/accused was
in the same profession and he was in connection with co-accused
Tarun Kumar and Jai Prakash has to be proved by him during
evidence. According to him, the co-accused Jai Prakash and
Tarun Kumar are not in relation with the applicant/accused and
they are not partner of applicant/accused in his business. They
further submit that the applicant/accused was frequently in
connection with both accused persons. They further submit that
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the accused persons were supplying Tramadol Capsules and
Codeine Syrups in Delhi University Area and they were
intoxicating the next generation of India. Therefore, they request
to dismiss the bail application.
Submissions considered. Record perused.
It is the contention on behalf of State that the
previous two bail applications of applicant/accused were
dismissed vide order dt. 19.08.2025 and 10.10.2025 and
thereafter there is no change of circumstances. However, on
perusal of judicial file, it is observed that after dismissal of
aforesaid bail applications, the co-accused Devender, Nikhil and
Tarun have been admitted to bail vide order dt. 13.10.2025,
14.10.2025 and 30.10.2025 respectively. Therefore, the aforesaid
contention of the State is rejected being devoid of merits.
Further allegedly, the applicant/accused is source of
920 Tramadol Capsules which were recovered from the
possession of co-accused Manish Bhatle. As per the case of
prosecution, the co-accused Tarun Kumar was the source of
applicant/accused. As per record, the said Tarun Kumar has
already been admitted to bail vide order dt. 30.10.2025. Earlier,
the prosecution had contended that there are whatsapp chat
between applicant/accused and other accused persons but till date
the prosecution has failed to retrieve any whatsapp chat from the
mobile phone of applicant/accused. Further, the prosecution has
though contended that there is CDR connectivity but no
transcription of said calls has been filed by the prosecution to
substantiate that the said calls were relating to present offence.
Admittedly, nothing was recovered from the
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possession or at the instance of applicant/accused. The
applicant/accused is in JC from considerable period and his wife
is pregnant whose delivery is pending for next month. Further, as
per reply filed by IO, the applicant/accused is not involved in any
other case. Though, commercial quantity of Tramadol Capsules
was recovered in the investigation of this case but prima facie as
of now, the applicant/accused has satisfied the twin conditions as
provided U/s 37 NDPS Act. Therefore, applicant/ accused Sunny
is also admitted to bail on furnishing personal bond in the sum of
Rs. 35,000/- with one surety in the like amount and subject to
condition that :-
(i) That applicant/ accused shall not, directly or indirectly, make
any inducement, threat or promise to the complainant or any
person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer;
(ii) That applicant/ accused shall upon his release provide his
mobile number to the IO/ SHO and keep his such mobile 'Switch
On' at all times.
(iii)That applicant/ accused shall intimate to the IO/ SHO about
any change in his mobile number or address;
(iv) The applicant/ accused will not influence the witnesses nor
tamper with any evidence;
(v) That applicant/ accused shall not leave the country without
permission of the Court;
(vi) That applicant/ accused shall appear on each and every date
of hearing before the Court.
Application stands disposed of accordingly.
The observations made on the merits of the case are
purely for the purposes of deciding the present bail application
and shall not be construed as expression upon the merits of the
case.
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Copy of the order be given dasti to the IO as well as
to the Ld. Counsel for applicant/ accused and be communicated
to the applicant/ accused through Jail Superintendent for
information.
(Virender Singh)
Special Judge, NDPS,
Central,THC, Delhi/12.11.2025
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