Interim Order 29

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
FIR No. 455/24, State Vs. Bharat Kumar
PS Special Cell
U/s 8(C)/20/21/25/27(A)/29 NDPS Act & 209/238 BNS
25.10.2025
This is an application U/s 483 of BNSS, 2023
seeking grant of regular bail to the applicant/ accused.
Present: Sh. Akhand Pratap Singh, Ld. Special PP for State.
Sh. Pramod Kumar, Ld. counsel for applicant/
accused.
IO SI Shailesh Kumar in person.
Reply to the bail application is already filed. Copy
already supplied.
Arguments heard on the bail application of the
applicant/ accused.
Ld. counsel for the applicant/ accused submits that
the applicant/ accused is falsely implicated in this case. He
further submits that nothing has been recovered from the
possession or at the instance of the applicant/ accused.
According to him, allegedly one photo of 10 rupee
currency note was sent to co-accused Vikas Mane by the
applicant/ accused. He further submits that there is not any chat
between the applicant/ accused and other co-accused persons
regarding any delivery to be taken of the case property. He
further submits that there is not any money transaction between
the applicant/ accused and other co-accused persons. He further
submits that there is not any direct link between the applicant/
accused and other co-accused persons and the accused namely
Ravinder Singh has already been admitted to bail by this Court.
Applicant/ accused is in JC since 02.10.2024. Applicant/ accused
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is not involved in any other case till date. Investigation is already
complete and charge-sheet is already filed. He further submits
that the wife and son of the applicant/ accused are handicapped
and they are dependent upon the applicant/ accused. He further
submits that the applicant/ accused is the sole bread earner in his
family and there is no one to look after the wife as well as son of
the applicant/ accused. Therefore, he requests that the applicant/
accused may be admitted to regular bail.
Per contra, Ld. Special PP for the state as well as IO
have vehemently opposed the bail application of the applicant/
accused stating that initially, on 01.10.2024, three accused
persons namely Himanshu Kumar, Tushar Goyal and Aurangzeb
Siddiqui were apprehended and psychotropic substance i.e. 5.640
Kg., 5.240 Kg. and 5.220 Kg. respectively was recovered from
their possession. They further submit that the psychotropic
substance was to be delivered to the applicant/ accused. They
further submit that one photo of 10 rupee currency note as well
as one photo of applicant/ accused was recovered from the
mobile phone of co-accused Tushar Goyal. Thereafter, at the
instance of co-accused Tushar Goyal, the present applicant/
accused was apprehended and physical 10 rupee currency note
was recovered from the possession of the applicant/ accused.
They further submit that the applicant/ accused was wearing the
same cloths, which were worn by him in the photograph
recovered from the mobile phone of accused Tushar Goyal. They
further submit that photo of 10 rupee currency note as well as
photograph of himself was sent by applicant/ accused to co-
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accused Vikas Mane (since already declared P.O.). Thereafter,
accused Vikas Mane sent the said photograph to the Head of
Syndicate i.e. accused Virender Singh Baisoya @ Viru and then
he sent this photograph to accused Tushar Goyal. They further
submit that this process took place within 15/20 minutes of arrest
of accused persons on 01.10.2024. They further submit that
applicant/ accused was available around 200 meters away from
the godown from where firstly, part of psychotropic substance
was recovered. They further submit that commercial quantity of
psychotropic substance i.e. total 1290.967 Kg. Cocaine/
Mephedrone and 39.706 Kg. Hydroponic Marijauna was
recovered, therefore, Section 37 of NDPS Act is applicable. They
further submit that the role of the applicant/ accused and co-
accused Ravinder Singh are all together different from each
other. Therefore, they submit that the bail application should be
dismissed.
Submissions considered. Record perused.
As per the case of prosecution, on 01.10.2024 acting
on secret information, three accused persons namely Himanshu
Kumar, Tushar Goyal and Aurangzeb Siddiqui were apprehended
and Cocaine/ Mephedrone weighing 5.640 Kg., 5.240 Kg. and
5.220 Kg. respectively was recovered from their possession.
Thereafter, on their instance, huge consignment of 547 Kg. of
Cocaine/ Mephedrone and 39.706 Kg. of Hydroponic were
seized.
Further, as per the case of prosecution, applicant/
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accused had come to Delhi from Mumbai to collect contraband
from co-accused Tushar Goyal on the instructions of co-accused
Vikas Mane (since already declared P.O.). Cropped photo of
applicant/ accused and photo of 10 rupee currency note were
found in the mobile phone of co-accused Tushar Goyal and
applicant/ accused. These photos were initially sent by applicant/
accused to co-accused Vikas Mane for the purpose of
identification. The said photographs were sent to Virender Singh
Baisoya by accused Vikas Mane and thereafter, accused Virender
Singh Baisoya sent the said photographs to co-accused Tushar
Goyal. The T-shirt weared by the applicant/ accused in the
photogaph and 10 rupee currency note were recovered during
investigation and location of the applicant/ accused was also
found near the godown in Mahipalpur at the time of raid, which
was conducted on 01/02.10.2024. Thus huge quantity of Cocaine
and Mephedrone as well as Hydroponic Marijauna has been
recovered during the investigation of this case and the applicant/
accused is prima facie found involved in the present case. The
applicant/ accused has failed to satisfy twin conditions as
provided U/s 37 NDPS Act. It is well settled that the nature and
gravity of accusation, severity of the punishment, danger of the
accused absconding, reasonable apprehension of the witnesses
being influenced, prime facie case against the accused, danger to
the society etc. are factors which have to be kept in mind while
exercising powers for grant of bail. In my considered opinion
and owing to the given facts and circumstances of the case, I am
not inclined to grant bail to the applicant/ accused at this stage.
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Accordingly, bail application of the applicant/ accused Bharat
Kumar stands dismissed.
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/25.10.2025
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