Azad v. The State Of NCT Of Delhi
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2421/2025 AZAD .....Petitioner Through:
Mr. Suraj Prakash Sharma, Adv.
versus THE STATE OF NCT OF DELHI .....Respondent Through:
Mr. Yudhvir Singh Chauhan, APP with SI Dinesh Kumar, PS Narela Industrial Area.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 16.09.2025 CRL.M.A. 27732/2025 (exemption) Allowed, subject to all just exceptions.
This application stands disposed of.
CRL.M.A. 27731/2025 (for preponment of date of hearing) Bearing in mind the reasons explained and in the interest of justice the application is allowed. The date earlier fixed stands cancelled and Bail Appln. No. 2421/2025 is preponed and is taken up for consideration today. BAIL APPLN. 2421/2025 1.
The Ld. Counsel appearing for the petitioner submits that petitioner has clean antecedents and has never been convicted in any other case. He submits that nothing has been recovered from the possession of the petitioner and the recovery shown is planted. He further submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
alleged recovery falls within the category of intermediary quantity. Moreover, the investigation is complete and charge sheet is already filed in court and therefore, the petitioner is not required for any further investigation.
2.
The bail application has been opposed by the Ld. APP submitting that petitioner has criminal antecedents inasmuch as he is involved in five more criminal cases. He further submits that investigation has revealed that petitioner used to sell ganja for Ajmeri on daily wages of Rs. 1,000/- and used to talk with her on her mobile number 9289332951 and as many as 142 calls were exchanged between the petitioner and Ajmeri from 24.02.2025 to 11.03.2025. He further submits that proclamation proceedings have already been initiated against Ajmeri. It is thus submitted that the possibility that upon being released on bail, the petitioner may jump the bail or indulge in similar activities cannot be ruled out.
3.
As per allegations 1024 grams of ganja was recovered from the possession of the present petitioner. The same is just 24 grams above the threshold of small quantity. The investigation is complete and charge sheet has already been filed before the Court. Petitioner is therefore not required for investigation.
4.
Since the recovery of contraband is of intermediary quantity, the rigours of Section 37 NDPS Act shall not apply in the present case. 5.
Petitioner is in custody since 12.03.2025. The trial may take long time to conclude. Hence, considering the totality of facts and circumstances, the petitioner is admitted to bail upon his furnishing the personal bond of Rs. 20,000/- with surety of like amount to the satisfaction of the Ld. Trial Court/ Duty Magistrate with condition that the petitioner shall co-operate with trial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and shall not indulge in any other criminal case and shall share his mobile number and address with the Investigating Officer and the Trial Court. 6.
Petition accordingly stands disposed of.
7.
Copy of this order be sent to Superintendent Jail for information and compliance.
RAVINDER DUDEJA, J SEPTEMBER 16, 2025/lks/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.