Manoj Kumar v. State NCT Of Delhi

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1469/2025 MANOJ KUMAR .....Petitioner Through:

Mr. R.S.Bind, Advocate versus STATE NCT OF DELHI .....Respondent Through:

Ms. Shubhi Gupta, APP for the State with SI Deepak, PSI Sahil, and ASI Bhoor Singh, P.S.Dabri.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 16.05.2025 1.

Learned counsel for the petitioner submits that petitioner is not named in the FIR. No recovery has been effected either from his possession or from his house. He is being implicated only on the basis of the disclosure statement of co-accused Mohd. Jakir with whom he has no connection. It is further submitted that as per the police case, the co-accused Mohd. Jakir was apprehended at about 11.30 PM on 26.03.2025. However, the police officials made search of the house of the petitioner at about 8.30 PM which shows the falsity of the prosecution allegations qua the present petitioner. He further states that petitioner is ready to join the investigation. 2.

The application has been opposed by learned APP appearing for the State submitting that co-accused Mohd. Jakir from whose possession 1063 gms of Ganja has been recovered, in his disclosure statement, has stated that the petitioner and co-accused Karan @ Arjun hired him to supply their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:43

contraband. He has also disclosed that it is the applicant who had provided him a rented accommodation at D-12, Gali No.4, Syndicate Enclave, New Delhi, for which the Rent Agreement dated 15.10.2023 was executed between Vinod Sharma (landlord) and Manoj Kumar (petitioner). She submits that petitioner is required for custodial interrogation to find out the source of Ganja recovered from co-accused Mohd. Jakir. She further submits that on the analysis of the CDR of co-accused Mohd. Jakir, it has been found that the present petitioner and co-accused Mohd. Jakir were in regular contact with each other till 13.03.2025 and that shows connection between the two.

3.

As per the prosecution case, based on a secret information, co-accused Mohd. Jakir was apprehended and from his possession 1063 gms of Ganja was recovered. In his disclosure statement, Mohd. Jakir had disclosed that Manoj and Karan @ Arjun supplied him the contraband. 4.

The learned trial court while deciding the anticipatory bail application of the petitioner rightly relied upon the decision of the Supreme Court in the case of Anarul SK vs. The State of West Bengal (SLP(Crl). 12621/2024 wherein it has been held that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 5.

Petitioner is stated to be required for the purpose of custodial interrogation to ascertain the source of supply of Ganja. 6.

This Court is of the view that it is not a fit case for the grant of prearrest bail to the petitioner. The petition is therefore dismissed. RAVINDER DUDEJA, J MAY 16, 2025/ib/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:04:43