Order 7

Order Details: COPY OF ORDER
Pdf Text: IA No. 1-23 SC 747-23
STATE Vs. Neeraj Kumar Sharma
FIR No. 117/23
PS Crime Branch
U/sec 15/25/29 NDPS Act
16.12.2023
This is third application under section 439 CrPC for grant of
regular bail as well as interim bail moved on behalf of
accused/applicant Neeraj Kumar Sharma
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Ramanuj Sharma and Sh. Rahul Kashyap, ld.
Counsels for accused/applicant.
Reply to the application filed.
REGULAR BAIL
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is submitted that accused/applicant has been
falsely implicated in the present case and he is in JC since
06.06.2023. It is further submitted that nothing has been
recovered from the possession of accused/applicant. It is further
submitted that primary investigation in the present case has
already been completed and no purpose would be served by
keeping the accused/applicant in custody. It is further submitted
that accused-applicant is ready to abide with any condition
imposed by the court, if he be released on bail.
ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. P.P for the State has
vehemently opposed the bail application stating that on the basis
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of secret information, on 17.05.2023 a raid was conducted near
Bhalswa Jheel, New Pusta Road, Bhalswa Dairy, Delhi and on
the pointing out of informer, accused Naresh Kumar Gupta and
Dilip Kumar Mishra were apprehended alongwith Swift Dezire
car bearing No. DL1ZA5796. Upon checking the car, three white
plastic bags were recovered which were found to be containing
20+20+15= 55 kgs of Doda Post (Polly Straw). Accused persons
were arrested and contraband was seized. It is further submitted
that during investigation, co-accused Naresh Kumar Gupta and
Dilip Kumar Mishra disclosed that they used to supply Doda Post
to accused/application Neeraj in Delhi and accordingly,
accused/applicant Neeraj Kumar Sharma (receiver) was also
arrested on 07.06.2023. It is further submitted that many
financial transactions were found between accused/applicant and
source of contraband namely Shankar, who is evading his arrest.
It is further submitted that CDR connectivity was found between
Naresh Kumar Gupta, Dilip Kumar Mishra and accused/applicant
Neeraj. As per CDR connectivity was also found between
applicant/accused Neeraj and supplier Shankar Dhakad. It is
further submitted that recovered car was also found registered in
the name of applicant/accused Neeraj Kumar Sharma.
Arguments heard. Record perused.
FINDINGS/CONCLUSION
3.1 The allegations are serious against the
accused/applicant as total 55 kgs of Doda Post (Polly straw) was
recovered from the vehicle which was registered in the name of
accused/applicant. Bail application of accused/applicant has
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already been dismissed by this court vide order dated 03.08.2023
and all the grounds pleaded by accused/applicant have already
been dealt in that order and there is no change of circumstance
after dismissal of second bail application on 03.08.2023 till date.
Hence, I find no merit in the present application to grant
regular bail to accused Neeraj Kumar Sharma.
3.2 Considering the above discussion, I am of the
considered view that no ground is made out to grant regular
bail to accused/applicant Neeraj Kumar Sharma. Therefore,
the application for release of accused on regular bail moved
on behalf of the accused/applicant stands dismissed.
Nothing in this order shall tantamount to an
expression of opinion on the merits of the case during trial.
INTERIM BAIL
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused that wife of
accused/applicant is in third and final trimester of her pregnancy
and requires financial, physical and emotional support from her
husband. It is further submitted that there is no other adult
member in the family to take care of the expenses of her
treatment and to look after the well being of wife of
accused/applicant. Hence, it is prayed that accused/applicant be
released on interim bail for a period of three months.
ARGUMENTS ON BEHALF OF STATE
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2. Per contra, Ld. Addl. PP for the State has
vehemently opposed the interim bail application stating that
expected date of delivery of wife of accused/applicant is
22.01.2024 and other family members including mother and
elder brother of accused/applicant are also available in the family
to look after the wife of accused in his absence.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3. Considering the fact that wife of accused/applicant is
in the third and final trimester of her pregnancy and expected
date of delivery is 22.01.2024, I deem it appropriate to grant
interim bail to accused/applicant on humanitarian ground. Hence,
accused/applicant Neeraj Kumar Sharma is admitted to interim
bail for 30 days from the date of his release subject to
furnishing personal bond to the tune of Rs. 50,000/- with one
surety in the like amount on following conditions:
(I) That the applicant/accused will supply all his
mobile number to the I.O of the case;
(II) That the mobile numbers should be always
working for 24 hours;
(III) That he will not leave Delhi without prior
permission of the Court;
(IV) That he will not commit any crime/offence
or anti social activity during the trial of the case;
(V) That he will not threaten of the witnesses or
tamper with the prosecution evidence; and
(VI) After completion of period of interim bail,
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the accused-applicant shall surrender before the
Jail Authorities.
(VII) In case of any future criminal involvement,
the interim bail shall not be extended.
It is hereby clarified that no further extension of
interim bail would be considered on ground of taking care of
newly born baby and mother of the child. Accused is at liberty to
furnish bail bonds accordingly.
The application stands disposed of accordingly.
A copy of this order be sent to the Jail
Superintendent concerned for further communication to the
accused/applicant. Copy of this order be also forwarded to
Jail Superintendent concerned through E-Mail.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
16.12.2023
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