Order 45

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CNR NO. DLNT01-017152-2025
IA/17/2026 SC 7172/2025
PS CRIME BRANCH FIR NO. 164/2025
STATE V/S SHARM SINGH @ RINKU
ORDER ON THE BAIL APPLICATION OF ACCUSED SHARM SINGH @ RINKU
25.09.2026
Present: Dr. Raj Rani, Addl. PP for the State.
Sh. Rahul Sand and Sh. Prakash Mani Chobey, Ld. Counsels for the
applicant/ accused.
1. This is an application u/s. 483 BNSS for seeking bail on behalf of the
applicant/Sharm Singh @ Rinku.
2. It is argued by Ld. Counsel for the applicant that the applicant has been falsely
implicated in this case. He was not present at the spot nor has been named in the present
FIR. It is further argued that his name surfaced for the first time only after two months
of the alleged recovery on the supplementary disclosure statement of co-accused Satpal
Singh. It is further argued that nothing incriminating on record to connect the applicant
with alleged offence. It is further argued that the applicant was earlier also granted
interim bail and he had not misused the same and hand surrendered before the jail
authorities immediately after expiry of period the interim bail. It is further argued that
the applicant is in JC in this case since 04.10.2025. Therefore, it is prayed that the
applicant be released on bail. Ld. Counsel for the applicant has relied upon the following
judgments:
i) Nagesh Sharma Vs. The State (NCT of Delhi), Bail Appln. 3185/2022
ii) Mazeed Ali Vs. UT of J & K, through Station Officer Police Station Majalta,
Udhampur, Bail Appln. 368/2025, Crl.M No. 2286/2025
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3. The Additional PP for the State with the assistance of the IO argued that 401 gram
of heroin and 45 gram of MDMA was recovered from co-accused Satpal Singh and the
applicant is source of said contraband. There is a proper Whatsapp and financial
connectivity between co-accused Satpal Singh and the applicant. It is further argued that
the applicant was previously also involved in two criminal cases out of which one is of
NDPS Act. It is further argued that there is every likelihood of the applicant indulging
in similar offence, absconding, tampering the evidence and influencing the witnesses,
if released on bail.
4. Heard. Record perused.
5. In the present case, co-accused Satpal Singh was apprehended on 29.06.2025 on
a motorcycle bearing no. DL 9SAG 0302 and 401 grams of Heroin and 45 grams of
MDMA was recovered from him. Co-accused Satpal Singh did not disclose the name of
the applicant in his first two disclosure statements, however, in his third disclosure
statement he named the applicant as the source of the recovered Heroin. It is alleged that
there are Whatsapp chats and calls between co-accused Satpal Singh and the applicant
as well as the monetary transactions between the duo. The Whatsapp chats relied upon
by the investigating agency are between the mobile phone of the co-accused Satpal
Singh and one number +33759825711 which is alleged to have been used by the
applicant. No mobile phone has been recovered from the applicant. There is no CAF of
the said number to connect with the applicant.
6. Further, the motorcycle which was seized from co-accused Satpal Singh is
alleged to be belonging to the applicant, however, the ownership details of the said
motorcycle reveals that it belongs to one Prem and not to the applicant.
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7. As far as the monetary transactions between the applicant and co-accused Satpal
Singh are concerned, they are stated to be of the period around 15 months prior to the
commission of present offence.
8. No recovery of contraband has been effected from the present applicant. The
allegations against the applicant emanate from the disclosure statement of co-accused
person which is not admissible in evidence. The mobile phone or the mobile number
which is allegedly been used by the applicant showing CDR connectivity has not been
recovered from the applicant. The financial transactions between the applicant and the
co-accused are not found to be proximate with the date of commission of present
offence. The applicant is in judicial custody since 04.10.2025.
9. The applicant was released on interim bail vide order dated 15.06.2026 till
02.07.2026 and the applicant has not flouted the bail conditions and duly surrendered in
time.
10. Considering the over all facts & circumstance and also the fact of long
incarceration, non recovery of contraband and that trial is going to take long time, this
court is of the view that the bar of 37 of NDPS Act stands diluted and would not come
in the way of the personal liberty of the applicant. Accordingly, the applicant is admitted
to bail on furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like
amount to the satisfaction of this court/Ld. Link Court on the following conditions:
i) That the applicant/accused shall not leave India without prior intimation to
this court.
ii) That the applicant/accused will supply all numbers of his functioning
phones/mobile phones to the IO as well as about his whereabouts.
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iii) That the applicant/accused shall not tamper with the evidence;
iv) That the applicant/accused shall not try to contact in any manner or threat
the prosecution witnesses;
v) That in case of change of his residential address, he shall intimate the court
about the same;
vi) That the applicant shall attend the Court on each and every date of hearing
without fail.
vii) In case of involvement in any criminal case during bail period the bail
shall be liable to be canceled.
11. Nothing in this order shall tantamount to an expression of opinion on the merits
of the case during trial.
12. 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 EMail. Copy of this order be given dasti as prayed
for.
Sushil Anuj Tyagi
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/25.09.2026(
j)
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