Order 16

Order Details: COPY OF ORDER
Pdf Text: Regular Bail Application
STATE Vs. Mohan Gupta
FIR No. 54/23, PS : Crime Branch
U/s 21(c)/29 NDPS Act
16.07.2025
Present : Sh. Kamal Akhtar Ld. Add PP for the State.
Ms. Shivani Sharma, Ld. counsel for applicant/ accused.
IO SI Vikasdeep 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 applicant/ accused submits that the applicant/
accused is falsely implicated in this case and the case property has been
planted upon him. She further submits that earlier two bail applications of the
applicant/ accused i.e. one by the Ld. Sessions Court and another by the
Hon’ble High Court of Delhi have been dismissed and thereafter, she had
moved one petition before the Hon’ble High Court of Delhi U/s 482 BNSS,
2023 wherein the Hon’ble High Court of Delhi had directed the Trial Court to
expedite the trial vide order dated 21.04.2025, however, no charge has been
framed till date due to want of FSL result.
She further submits that allegedly 410 gram Heroin was
recovered from the possession of the applicant/ accused, however, as per the
case of prosecution, even when the recovery was made from under the
Wazirabad Flyover area which is a populated area, no public witness was
joined in the investigation. She further submits that police has not even taken
any photographs or recorded the incident of alleged recovery from the
accused/ applicant. She has relied upon the authorities titled as Shafhi
Mohammad Vs. State of Himachal, (SLP (Crl.) 2302 of 2017), dated
03.04.2018; Rohan Malik Vs. State Govt. of NCT of Delhi, Bail Appl. NO.
4303/2024, decided on 13.01.2025; Geegal Kumar Vs. State Govt. of NCT of
Contd/-…
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STATE Vs. Mohan Gupta
FIR No. 54/23, PS : Crime Branch
Delhi, Bail Appl. NO. 1473/2024, decided on 21.02.2025; Laxman Bachhar
@ Lakhan Vs. State Govt. of NCT of Delhi, Bail Appl. NO. 4437/2024,
decided on 21.02.2025; Sanjay Vs. State Govt. of NCT of Delhi, Bail Appl.
NO. 3710/2023, decided on 22.01.2025; Pascal Ezeigbo @ Prince Vs. State
Govt. of NCT of Delhi, Bail Appl. No. 3494/2024, decided on 31.01.2025
and in view of above, she prays for release the applicant/ accused on regular
bail as applicant/ accused is in JC from last about 02 years and trial is yet to
began.
Per contra, Ld. Addl. PP for the state as well as IO have
vehemently opposed the bail application stating that the commercial quantity
of 410 gram Heroin was recovered from the possession of applicant/ accused.
They further submit that the applicant/ accused is a habitual
offender and when he was on interim bail in a case FIR No. 357/2019 of PS
Crime Branch then he committed the present offence.
They further submit that previous bail application of the
applicant/ accused was dismissed by the Ld. Predecessor of this Court vide
order dated 07.08.2024 and during that bail application also, ground that
photography or videography regarding the recovery was not conducted was
taken on behalf of the applicant/ accused and at that time, Ld. counsel for
applicant/ accused had relied upon 31 judgments. Ld. Predecessor of this
Court had duly considered the said plea as well as those judgments and
thereafter, rejected the said grounds of the applicant/ accused.
They further submit that the applicant/ accused is a habitual
offender and this fact was observed by the Hon’ble High Court of Delhi
while dismissing the bail application of the present applicant/ accused vide
order dated 04.04.2025, therefore, they request that the present bail
Contd/-…
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STATE Vs. Mohan Gupta
FIR No. 54/23, PS : Crime Branch
application of the applicant/ accused should be dismissed.
Submissions considered and bail order dated 07.08.2024
passed by Ld. Predecessor of this Court of applicant/ accused annexed with
the present application are perused. After going through the same, it is
observed that except the number of days of judicial custody of accused/
applicant, there is not any change in the facts and circumstances of the case.
Further, applicant/ accused is involved in several cases and a habitual
offender as observed by the Hon’ble High Court of Delhi and further
considering the fact that the commercial quantity of contraband i.e. 410 gram
Heroin was recovered from the possession of the applicant/ accused. The
allegations involved in the present case are serious in nature. 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. Accordingly, bail application of the applicant/ accused
Mohan Gupta 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, Ld. Counsel for
applicant/ accused and be communicated to the applicant/ accused in Jail
through Jail Superintendent concerned.
(Virender Singh)
Special Judge, NDPS-02,
Central,THC, Delhi/16.07.2025
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