Interim Order 2

Order Details: COPY OF ORDER
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Regular Bail Application
STATE Vs. Samrul Mirza @ Sameer
FIR NO. 179/2025
PS Crime Branch
U/s 21/61/85 NDPS Act
17.09.2025
This is an application U/s 483 of BNSS, 2023
seeking grant of regular bail to the applicant/ accused Samrul
Mirza.
Present: Sh. K.P. Singh, Ld. Addl. PP for State.
Mr. R.K. Giri, Ld. Counsel for applicant/accused.
Deputed IO SI Arun Pal Yadav in person.
Reply to bail application is filed. Copy supplied.
Arguments heard.
Ld. Counsel for accused submits that the allegedly
on 18.07.2025 police had received secret information and
thereafter the raid was conducted.
He further submits that allegedly the
applicant/accused was arrested from Devika Mall, Sadar Bazar,
Delhi at about 08.00 am. According to him, the place of arrest is
thickly populated area but the police had not joined any
independent/ public witness while doing alleged recovery. He
further argued that allegedly the intermediate quantity of 172
gram smack/ heroin recovered from the applicant/ accused which
is intermediate quantity. The investigation is already complete
and the charge-sheet has already been filed, therefore, he requests
to allow the bail application of applicant/accused.
Per contra, Ld. Addl. PP for the State and IO have
opposed the bail application stating that 172 gram Smack/ Heroin
was recovered from the possession of
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applicant/accused and the source of the same namely Md.
Shakeel is still absconding. Therefore, they request to dismiss the
bail application.
In rebuttal, Ld. Counsel for applicant/accused
submits that police has the address of said accused and no
purpose will be served further keeping the applicant/ accused in
JC.
Submissions considered. Record perused.
As per the facts of the case, only intermediate
quantity was recovered from the possession of applicant/
accused. The applicant/accused is in JC from considerable period
and the investigation is already complete and the charge-sheet is
already filed. Therefore, no fruitful purpose shall be served by
keeping the accused in JC. The applicant/ accused Samrul Mirza
@ Sameer is also admitted to bail on furnishing personal bond in
the sum of Rs. 15,000/- 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
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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/17.09.2025
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