Arshad Ali v. Stae Of NCT Of Delhi
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2718/2024 ARSHAD ALI .....Petitioner Through:
Mr. Hasim Alam, Advocate.
versus STAE OF NCT OF DELHI .....Respondent Through:
Mr. Laksh Khanna, APP for State with SI Sudhir Kumar, P.S.
ANTF/Crime Branch.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 28.11.2024 1.
By way of present bail application, the applicant seeks anticipatory bail in FIR No. 86/2024 registered under Sections 21/25/29 of the NDPS Act at P.S. Crime Branch, Delhi.
2.
Learned counsel for the applicant submits that considering that no recovery has been effected at the instance of the present applicant, he was extended the benefit of anticipatory bail vide order of this Court dated 02.08.2024. It is further submitted that applicant has joined investigation and cooperated in the investigation, inasmuch as, he furnished his mobile phone which was in his name, however, the same has not been seized. It is also submitted that the only material collected against the applicant is the disclosure statement of the co-accused.
3.
Ld. APP for the State, on the other hand, has opposed the bail application by contending that the though the applicant has joined the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
investigation, he is not cooperating, inasmuch as, he has not provided his SIM card or his other mobile phone. He, however, fairly concedes that the other mobile phone is not in the name of the present applicant. It is also submitted that the applicant is involved in two other cases. 4.
I have heard the learned counsels for the parties and perused the material available on record.
5.
In the present case, there is no recovery at the instance of the present applicant and the only material against him is the disclosure statement of the co-accused. Considering that the applicant has already joined the investigation, the interim protection granted to the applicant vide order dated 02.08.2024 is made absolute and it is directed that in the event of arrest, the applicant be released on anticipatory bail, subject to him 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 his mobile number, which he undertakes to keep operational at all times during the pendency of the trial.
(ii) The applicant shall 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.
6.
Bail application is disposed of in the above terms. MANOJ KUMAR OHRI, J NOVEMBER 28, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.