Shabaz @ Nanhe v. NCT Of Delhi

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1353/2024, CRL.M.A. 11741/2024 SHABAZ @ NANHE ..... Petitioner Through:

Mr. Sachin Dev and Mr. Sidharth Dev, Advocates.

versus NCT OF DELHI ..... Respondent Through:

Mr. Laksh Khanna, APP for State with SI Monu Chauhan, P.S. Crime Branch

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.04.2024 1.

By way of present bail application, filed under Section 438 Cr.P.C., the petitioner seeks anticipatory bail in FIR No. 60/2024 registered under Section 21 of NDPS Act at P.S. Crime Branch.

2.

Learned counsel for the applicant submits that except the disclosure statement of the co accused persons, there is no material collected against the present applicant. He further submits that while on one hand I.O. has issued notice under Section 67 of the NDPS Act, on the other, he has also taken out NBWs against the applicant.

3.

Mr. Khanna, learned APP for the State has opposed the bail application. He submits that the present case was registered on 14.03.2024 when a secret information was received in pursuance to which co-accused Zaki Ahmad and Hasib were apprehended and 510 grams of heroin was recovered from their possession. On disclosure of said co-accused persons, name of another accused, namely, Rashid cropped up and his subsequent 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 02/07/2025 at 00:53:17

disclosure led to the name of the present applicant. During the investigation, mobile phones of the co-accused were analysed which indicate that the present applicant was in contact with other co-accused persons, inasmuch as, on 11.03.2024 photographs of samples were sent from the mobile phone of the present applicant to co-accused Zaki Ahmad and Hasib. Further, present applicant has demanded a sum of Rs.50,000/- and in this regard, sent a barcode through his WhatsApp. It is submitted that the said barcode belongs to the present applicant's brother, inasmuch, the amount of Rs.50,000/- was deposited in his account. It is further submitted that the money has travelled into the account of mother of X (CCL) from Rashid and from the same to the account of the present applicant. The entire transaction has taken place on the same day. Lastly, it is also confirmed by the concerned I.O. that the mobile phone, from which barcode message was sent, belonged to the applicant.

4.

Considering the above, I find no ground to grant benefit of anticipatory bail to the applicant. Consequently, bail application is dismissed.

MANOJ KUMAR OHRI, J APRIL 23, 2024 ga 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 02/07/2025 at 00:53:17