Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Regular Bail Application
FIR No. 114/25, State Vs. Kapil
PS Crime Branch
15.11.2025
This is an application U/s 483 of BNSS, 2023
seeking grant of regular bail to the applicant/ accused Kapil
Present: Sh. K.P. Singh, Ld. Addl. PP for State.
Sh. Neeraj Antil, Ld. counsel for applicant/ accused
(through VC).
Reply to the bail application is already filed. Copy
already supplied.
On 01.11.2025, Ld. counsels for the applicant/
accused, Ld. Addl. PP for the state and IO have argued that “Ld.
Counsels for applicant for accused submit that the accused/
applicant is falsely implicated in this case and nothing has been
recovered from the possession or at the instance of applicant/
accused.
They further argue that the name of applicant/
accused was disclosed by co-accused Ankit Gupta and he has
already been admitted to bail.
They further submit that the applicant/accused was
working with Glen Mark as Medical Representative. Allegedly
the prosecution has relied upon some Whatsapp chat between the
applicant/ accused and co-accused Ankit Gupta, who is running a
Chemist Shop in Delhi. According to them, there is nothing
incriminating in the entire Whatsapp chat and from the contents
of that chats it can not be inferred that it was being made
regarding some drug or contraband.
They further submit that already 5 other co-accused
persons have been admitted to bail and role of the applicant/
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accused is similar to the role of co-accused Nikhil @ Gunu and
Tarun Kumar and the said both accused persons have also been
admitted to bail.
They further submit that the investigation has
already been completed and charge-sheet is already filed and the
applicant/ accused is in JC since 15.05.2025.
They further submit that during the disclosure
statement of applicant/accused, the name of some Rakesh was
emerged, but the police interrogated him but he was neither
arrested nor charge-sheeted, as he had shown the bills of the
medicines.
Per Contra Ld. Special PP for the State and IO have
vehemently opposed the bail application arguing that the
previous bail application of the applicant/ accused was dismissed
on 07.06.2025 and thereafter, there is no change of
circumstances. They further submit that total 10 boxes (2360
capsules) of Tramadol & 120 bottles of codeine syrup were
recovered in the present case.
The applicant/accused is the source of co-accused
Ankit Gupta.
They further submit that there is Whatsapp Chat
between applicant/accused and co-accused Ankit Gupta. Though
the mobile phone of the applicant/accused was seized during the
investigation but before that the applicant/ accused had deleted
his chat with co-accused Ankit Gupta and his mobile phone has
already been sent to FSL and the result is still awaited.
They further submit that since commercial quantity
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was recovered, therefore, Section 37 NDPS Act is applicable and
there is connectivity between the applicant/accused and other co-
accused persons, therefore, if Section 29 is applicable, then
Section 37 NDPS Act is also applicable.
In view of the above said facts, they request that the
bail application of the applicant/ accused should be dismissed.”
Submissions considered. Record perused.
As per the facts of the case, nothing was recovered
from the possession or at the instance of the applicant/ accused.
The applicant/ accused is allegedly the source of co-accused
Ankit Gupta. As per record, the said accused has already been
admitted to bail.
On perusal of judicial file, it is observed that there
were lacunae in the notice U/s 50 NDPS Act served upon co-
accused Ankit Gupta. Further, as observed in his bail order, the
prosecution had not obtained any authorization to search the
premises and had also not recorded any “reasons to believe” to
enter the premises of that accused. The prosecution is relying
upon some whatsapp chat between the applicant/ accused and co-
accused Ankit Gupta. Prima facie, case against co-accused Ankit
Gupta is found suspicious.
As per the case of prosecution, there is whatsapp
chat regarding laborate i.e. Tramadol Capsules between the
applicant/ accused and co-accused Ankit Gupta. It is the case of
the applicant/ accused that he was working as Medical
Representative in Glen Mark.
On bare perusal of the chat, it cannot be inferred that
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it can only be for the purpose of illegal activities. The
investigation is already complete and charge-sheet is already
filed. Considering the lacunae in the investigation and
considering the fact that the applicant/ accused is not involved in
any other case. Applicant/ accused has prima facie satisfied twin
conditions as provided U/s 37 NDPS Act.
In the overall facts and circumstances of the case,
bail application of the applicant/ accused is allowed and
applicant/ accused Kapil is 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
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and shall not be construed as expression upon the merits of the
case.
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/15.11.2025
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