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High Court of DelhiBAIL APPLN./2121/2024

Iliyas@Chintu v. State Govt. Of NCT Of Delhi

2024-07-26Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2121/2024 ILIYAS@CHINTU .....Petitioner Through:

Mr. Amit Kumar, Ms. Khushboo Sharma, Ms. Sakshi and Mr. Onkar Nath, Advocates (through V.C.).

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

Mr. Laksh Khanna, APP for State with SI Shubhanshu, Special Staff East District, Delhi.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 26.07.2024 1.

By way of present application, the applicant seeks anticipatory bail in FIR No. 127/2024 registered under Sections 20/25 of the NDPS Act at P.S. Ghazipur, Delhi.

2.

Learned counsel for the applicant states that in the present case, no allegations has been levelled against the present applicant, inasmuch as, his name has cropped up only in the disclosure statement of co-accused Surender Yadav. He further stated that after being granted interim protection, the applicant has joined the investigation and that he is also not involved in any other case.

3.

Ld. APP for the State has handed over a copy of the Status Report, which is taken on record. He submits that recovery was made from the coaccused Surender Yadav who had disclosed that the contraband seized from him was meant for the present applicant Chintu. He further submits that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

though there is no seizure, however, there is a CDR connectivity between the present applicant and Surender Yadav. He, however on instruction, submits that except the CDR connectivity, there is neither any transcript nor any money transaction between the parties from the investigation conducted so far. He also, on instruction, concedes that applicant is not involved in any other case.

4.

Considering that there is no recovery from the present applicant and the only material cited by the prosecution against him is the CDR connectivity and the further fact that applicant has joined the investigation and is not involved in any other case, it is directed that in the event of arrest applicant be released on anticipatory bail subject to him continuing to join the investigation and furnishing a personal bond in the sum of ₹ 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned Police Station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicant shall provide the mobile number, which he undertakes to keep operational at all times during the pendency of the trial.

(ii) The applicant shall continue to join the investigation as and when, he is asked for.

(iii) The applicant shall inform the concerned Investigating Officer about his current residential address.

(iv) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Investigating Officer/SHO. (v) The applicant shall not directly or indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

evidence.

(vi) The applicant shall regularly appear before the Trial Court as and when the charge sheet is filed.

5.

The application is disposed of in the above terms. MANOJ KUMAR OHRI, J JULY 26, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.