Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA/05/2026 SC 7172/2025
PS CRIME BRANCH
FIR N0. 164/205, STATE V/S KULDEEP
21.04.2026
Present: Sh. Pankaj Bhatia, Ld. Addl. PP for the State.
Ld. Counsel for the applicant/accused.
1. The present interim bail application is filed on behalf of
applicant Kuldeep in FIR No. 164/25 registered U/S 21/22/25 NDPS
Act at PS Crime Branch.
1.2 Arguments on the present bail application heard. Record
perused.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
2. Ld. counsel for the applicant has submitted that the present
interim bail application is filed on the ground of medical condition of
his wife and mother. In the present matter the investigation is complete
and the charge sheet has been filed. He submits that the wife of the
applicant is suffering from a serious medical condition pertaining to her
gall bladder and the Doctor has advised immediate surgical intervention
for gall bladder removal. He further submits that the delay in surgery may
lead to severe complications thereby endangering her life. He further
submits that the mother of the applicant is a cardiac patient suffering from
chronic heart ailments. The father of the applicant has expired long ago
and there is no one in the family to look after his ailing family members.
On these grounds, Ld. counsel for the applicant requests for grant of
interim bail.
ARGUMENTS ON BEHALF OF STATE
3. Per contra, Ld. Addl. PP for the state submits that 401
grams ‘heroin’ and 45 grams MDMA recovered from co-accused Satpal
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Singh which is commercial in nature. Therefore, bar of Section 37 NDPS
Act is applicable in the present case. He further submits that there is
whatsapp and Instagram connectivity between present applicant and
Satpal Singh. The present applicant is not having clean antecedent being
involved in 9 other matters out of which 5 cases are of NDPS Act
registered in Punjab, which itself shows that applicant is a part of drug
nexus. There is every possibility of his fleeing from justice, if he is
released on interim bail. On these grounds, the present interim bail
application is strongly opposed.
32. Submissions heard. Record perused.
FINDINGS/CONCLUSION
4. As a matter of fact, there is no recovery affected from the
possession of the present applicant or at his instance. The present
applicant was in jail when the present recovery is effected from the co-
accused person. The documents filed along with the present application
have duly been verified by the IO, which clearly shows that the wife of
the applicant is suffering from serious medical condition and Doctor
concerned has advised her for surgery on 27.04.2026. It appears that the
wife of present applicant needs medical attention and there is no one in
family to take care of her. Therefore, in the interest of justice
accused/applicant Kuldeep Singh is admitted to interim bail for two
weeks from the date of his release subject to furnishing personal
bond in the sum of Rs. 2,00,000/- ( Rs. Two lacs) with two sureties of
Rs. 2,00,000/- each to the satisfaction of the IO/SHO on the following
conditions :
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(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 and keep google map on ;
(III) That he will not leave India 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 the complainant or any other
witness or tamper with prosecution witness and
(VI) After completion of period of interim bail, the applicant
shall surrender before the jail authorities.
(VII) In case of any future criminal involvement, the interim bail
shall not be extended.
5. The application stands disposed of accordingly.
6. Nothing in this order shall tantamount to an expression of
opinion on the merits of the case during trial.
7. A copy of this order be sent to the Jail superintendent
concerned for further communication to the applicant. Copy of this order
be sent to Jail Superintendent in compliance of the judgment titled as Ajay
Verms Vs. State.
Copy of this order be given dasti, as prayed for.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/21.04.2026(r)
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