Love Preet @ Love Sarpanch v. The NCT Of Delhi

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3025/2024 LOVE PREET @ LOVE SARPANCH .....Petitioner Through:

Mr. Tahir Ali and Ms. Afreen Khan, Advocates.

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

Mr. Laksh Khanna, APP for State with SI Rohhit, ANTF, Crime Branch, Delhi.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 21.10.2024

O R D E R

1.

By way of present bail application, the applicant seeks regular bail in FIR No. 151/2022 registered under Sections 21/25/27A/29 of the NDPS Act at P.S. Crime Branch, Delhi.

2.

Learned counsel for the applicant submits that the applicant is in judicial custody in the present case since 25.04.2024. He further submits that besides the disclosure statement of the co-accused, no other material has been placed on record in the charge-sheet filed before the Trial Court. 3.

Bail application is resisted by the Ld. APP for the State, who has handed over a copy of the Status Report, which is taken on record. He states that on 22.07.2022, on the basis of a secret information, the co-accused Shammi @ Shanny was apprehended and from whom, 500 grams of heroin alongwith Rs.22 lacs in cash were recovered. During the PC remand, further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

recoveries were also effected from the said accused. Subsequently, on his disclosure statement, other accused persons came to be arrested. Though the NBWs were issued against the present applicant, he could not be arrested in the present case. The applicant was arrested by the ANTF, Chandigarh on 29.03.2024 in FIR No. 04/2024 registered under Sections 21/25/29 of the NDPS Act at P.S. ANTF, Sector-11, Chandigarh. In the said FIR, recoveries were effected at the instance of the present applicant. He submits that besides the present case and the aforesaid case at Chandigarh, the applicant is also involved in another case being FIR No. 33/2022 at P.S. Sadar Moga, Punjab wherein he is stated to be on bail. Lastly, it is submitted that while the applicant is on bail in FIR No. 33/2022, he is in judicial custody in all other cases.

4.

I have heard the learned counsels for the parties and perused the material available on record.

5.

Keeping in view the facts that applicant is in custody since 25.04.2024 and no recovery has been shown to be effected at his instance in the present case and also the fact that the only material against him is the disclosure statement of the co-accused Shammi @ Shanny, this Court deems it fit to release the applicant on regular bail unless not required in any other FIR, subject to him furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty J.M. and subject to the following further conditions :- i) The applicant shall not leave the NCR without prior permission of the concerned Court.

ii) The applicant shall provide his mobile number to the Investigating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Officer on which he will remain available during the pendency of the trial. iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.

iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial.

6.

The bail application is disposed of in the above terms. 7.

Copy of the order be communicated to the concerned Jail Superintendent for information and necessary compliance. 8.

Needless to state that the observations made hereinabove are only for the purpose of disposal of present bail application and which shall not have a bearing on the trial of the case.

MANOJ KUMAR OHRI, J OCTOBER 21, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.