Order 8

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
FIR No. 114/25
State Vs. Nikhil @ Gunnu
PS Crime Branch
U/s 22/25/29 NDPS Act
14.10.2025
This is an application U/s 483 of BNSS, 2023
seeking grant of regular bail to the applicant/ accused.
Present: Sh. Ranbir Singh Kundu, Ld. Special PP for
State(through VC).
Ms. Nisha Satyarthy and Ms. Suman Satyarthy, Ld.
counsels for applicant/ accused.
IO SI Krishna in person.
Reply to the bail application is filed. Copy supplied.
Arguments heard on the bail application of the
applicant/ accused.
Ld. counsels for applicant/ accused submit that the
the applicant/ accused has been falsely implicated in this case.
They further submit that nothing has been recovered from the
possession or at the instance of the applicant/ accused. They
further submit that accused/ applicant had helped the police
officials during investigation. They further submit that police
has not attributed any role upon the applicant/ accused. They
further submit that allegedly, the applicant/ accused is the source
of 06 boxes of Tramadol Capsules, however, these allegations are
false. They further submit that co-accused persons namely
Surender, Ankit Gupta and Devender Kumar have already been
granted bail. They further submit that accused/ applicant is in JC
since 13.05.2025. Investigation qua him is complete and charge-
sheet is already filed. They further submit that applicant/
accused is not involved in any other case. Applicant/ accused is
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the sole bread earner of his family and mother of the applicant/
accused is widow, therefore, they request that accused/ applicant
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 though,
nothing was recovered from the possession or at the instance of
the applicant/ accused but he is the source of 06 boxes of
Tramadol Capsules, which were recovered from co-accused
Manish Bhatle. The name of the applicant/ accused had emerged
in the disclosure statement of co-accused Devender Kumar.
They further submit that co-accused Ankit Gupta was arrested on
the disclosure statement of applicant/ accused and 15 bottles of
Codeine Syrup were recovered from the possession of the said
accused. They further submit that there is CDR connectivity
between the applicant/ accused and other co-accused persons and
they were connected to each other. Thus, according to them,
Section 29 of NDPS Act is applicable. They further submit that
since total quantity was commercial, therefore, Section 37 of
NDPS Act is applicable in this case and therefore, they request
that the bail application should be dismissed.
Submissions considered. Record perused.
Admittedly, nothing was recovered from the
possession or at the instance of the applicant/ accused. Further,
allegedly, the applicant/ accused is the source of 06 boxes
Tramadol Capsules which he allegedly supplied to co-accused
Devender Kumar. As per record, accused Devender Kumar has
already been admitted to bail. Further, co-accused Ankit Gupta
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was arrested on the disclosure statement of accused/ applicant
and accused Ankit Gupta is already admitted to bail. Further,
though, it is claimed by prosecution that there is CDR
connectivity between the applicant/ accused and other co-accused
persons but admittedly, there is no transcription as to whether
said CDR connectivity was regarding the commission of present
offence. Further, no financial trial has been alleged against the
applicant/ accused with other co-accused persons. As per facts of
the case, since, nothing was recovered from the possession of the
applicant/ accused and no additional evidence is available except
disclosure statement of co-accused persons and CDR, therefore,
prima facie, applicant/ accused is succeeded in satisfying twin
conditions as provided U/s 29 of NDPS Act. In the overall facts
and circumstances of the case, bail application of the applicant/
accused is allowed and applicant/ accused Nikhil @ Gunnu 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;
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(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-02,
Central,THC, Delhi/14.10.2025
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