Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
FIR No. 114/25, State Vs. Tarun Kumar
PS Crime Branch, U/s 22/25/29 NDPS Act
30.10.2025
This is an application U/s 483 of BNSS, 2023
seeking grant of regular bail to the applicant/ accused Tarun
Kumar.
Present: Sh. Ranbir Singh Kundu, Ld. Special PP for
State(through VC).
Sh. Saurav Gupta and Sh. Sudhandhu Yadav, Ld.
counsels for applicant/ accused.
IO SI Krishna in person.
Reply to third bail application is filed. Copy
supplied.
Arguments heard on the third bail application of the
applicant/ accused.
Ld. counsels for the applicant/ accused submit that
the applicant/ accused is falsely implicated in this case. They
further argue that as per the case of prosecution, applicant/
accused is the source of 04 boxes of Tramadol Capsules, which
he allegedly supplied to co-accused Sunny. According to them,
nothing has been recovered from the possession or at the instance
of the applicant/ accused.
They further argue that as per the case of
prosecution, there is call connectivity between the applicant/
accused and other co-accused persons. However, according to
him, police has not filed any transcription of alleged calls.
According to them, the call connectivity in the absence of
transcription is not an incriminating evidence against the
applicant/ accused.
They further argue that co-accused persons namely
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Devender, Ankit Gupta, Nikhil @ Gunnu and Surender have
already been admitted to bail. He relies upon Mamta Sapra Vs.
The State Govt. of NCT of Delhi, Crl. Rev. P. 294/23, decided on
01.07.2024 by the Hon’ble High Court of Delhi.
They further argue that the investigation is already
complete and charge-sheet has already been filed. Applicant/
accused has been allegedly involved in another case as per his
disclosure statement. They further argue that the father of the
applicant/ accused is paralyzed and his mother is also suffering
from various old age ailments. They further submit that the
medical document of the parents of the applicant/ accused have
been annexed with the bail application itself. They further submit
that accused/ applicant has one minor sister, who is school going
and the applicant/ accused is the sole bread earner in his family,
therefore, they request that the applicant/ accused may be
admitted to bail.
Per contra, Ld. Special PP for the state as well as IO
have vehemently opposed the bail application stating that total
2360 Tramadol Capsules and 135 of Codeine Syrup Bottles were
recovered in the present case. They further submit that the
applicant/ accused is the source of 04 boxes of Tramadol
Capsules, which he supplied to co-accused to co-accused Sunny,
which ultimately recovered from accused Manish Bhatle. They
further argue that the applicant/ accused is not entitled to bail on
the ground of parity as he is also involved in another case. They
further argue that since commercial quantity was recovered,
therefore, Section 37 of NDPS Act is applicable and accused has
failed to satisfy twin conditions as provided U/s 37 of NDPS Act.
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They further argue that previous bail applications of
the applicant/ accused were dismissed on 09.06.2025 and
11.08.2025 and thereafter, there is no change of circumstance,
therefore, they request that the bail application should be
dismissed.
In rebuttal, Ld. counsels for applicant/ accused
submit that after dismissal of previous bail application of the
applicant/ accused, co-accused Nikhil @ Gunnu has been
admitted to bail and allegations against him were more graver in
comparison of the present applicant/ accused.
On inquiry, IO submits that co-accused Ibrahim has
already been arrested on 01.09.2025 and he will file the
supplementary charge-sheet against him today itself.
Submissions considered. Record perused.
As per the case of prosecution, applicant/ accused is
the source of 04 boxes of Tramadol Capsules. The previous bail
application of the applicant/ accused was dismissed vide order
dated 11.08.2025,
inter alia, on the ground that at that time, co-
accused Ibrahim i.e. the employer of applicant/ accused was not
apprehended and the applicant/accused was to be confronted with
accused Ibrahim. Now, as confirmed by the IO, the said Ibrahim
has already been arrested and investigation qua him is complete.
Admittedly, nothing was recovered from the possession or at the
instance of the applicant/ accused. Applicant/ accused is in JC
from considerable period and parents of applicant/ accused are
stated to be not well. Therefore, considering the overall facts
and circumstances of the case, bail application of the applicant/
accused is allowed and applicant/ accused Tarun Kumar is
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admitted to bail on furnishing personal bond in the sum of Rs.
25,000/- 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.
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/30.10.2025
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