Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 38 IA/02/26 SC 7172/2025
PS CRIME BRANCH
FIR NO. 164/25025
STATE V/S SATPAL SINGH
06-03-2026
03.02.2026
Present: Mr. Gurdault Singh Sidhu, Ld. Addl. PP for the State.
Ld. counsel for the applicant/accused Kuldeep Singh @ Bittu.
Present bail application is filed by the applicant in the instant
FIR No.164/2025, PS Crime Branch, registered under Section 21/22/25
NDPS Act.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he is the sole
bread earner in his family, falsely implicated in this case and he was arrested
19.10.2025 and since then, he is behind bars. It is further argued that
investigation is complete as charge sheet has been filed. It is further argued
that nothing incriminating has been recovered from the possesion of the
applicant or his instance. It is further argued that the applicant was arrested
on mere disclosure of the co-accused, hence, the concession of bail should
be granted to the applicant as conclusion of trial will take significant time.
It is prayed that accused/applicant should be released on bail as he is ready
to abide with any condition imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. PP for the State has vehemently
opposed the bail application stating that allegations levelled against the
applicant are serious in nature as there is whatsapp and instagram
connectivity between the applicant and the co-accused Satpal Singh who
was apprehended with 401-gram heroin and 45 gram MDMA , which is
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commercial in nature. It is further submitted that applicant is having
criminal antecedent being involved in 9 criminal matters, out of which, five
are of NDPS Act, which itself reveals that applicant is a habitual offender.
It is further submitted that applicant is a part of drug nexus. It is further
argued that since there is involvement of commercial quantity of the
contraband, therefore, bar of Section 37 of NDPS Act is attracted in this
matter, hence, bail should not be granted to the applicant. It is further
submitted that accused/applicant is involved in drug trafficking and there is
every likelihood that accused/applicant may commit further offence of
similar nature, if he be released on bail.
3. Submissions heard. Record perused.
FINDINGS/CONCLUSION
4. Allegations against accused/applicant are serious in nature as
as there is whatsapp and instagram connectivity between the applicant and
the co-accused Satpal Singh who was apprehended with 401-gram heroin
and 45 gram MDMA , which is commercial in nature. The present applicant
is alleged to be source of 01 kg. of heroine which was distributed by the
present applicant. The applicant is having criminal antecedent being
involved in 9 criminal matters, out of which, five are of NDPS Act, which
itself reveals that applicant is a habitual offender and the applicant is a part
of drug nexus. Therefore, there is no merit in the argument raised by the Ld.
Counsel for the applicant. Hence, I do not find any reason to exercise
discretion in favour of accused/applicant.
5. In view of the above facts and circumstances of the case, I am
of the considered view that no ground is made out for grant of bail to
accused/applicant Kuldeep Singh @ Bittu. The application moved on behalf
of the accused/applicant Kuldeep Singh @ Bittu stands dismissed.
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6. Nothing in this order shall tantamount to an expression of
opinion on the merits of the case during trial.
7. Pursuant to directions issued by Hon’ble Supreme Court of
India in SMWP (Criminal) No. 4/2021 titled as In Re Policy Strategy for
Grant of Bail as well as in compliance of judgment titled as Ajay Verma Vs.
State, copy of this order be sent to Jail Superintendent through e-mail.
Copy of this order be given dasti, as prayed for.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/03.02.2026
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