Dilip Kumar v. State Govt. Of NCT Of Delhi

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4469/2025 & CRL.M.(BAIL) 2319/2025 DILIP KUMAR .....Petitioner Through:

Mr. Rohit Aggarwal, Mr. Paras Verma, Mr. Vikas Jain, Mr. Lalit Aggarwal, Ms. Gauri Verma, Mr.

Gopal Biswas, Mr. Paras Sharma, Mr.

Karan Singh Choudhary and Ms.

Shilpa Verma, Advocates versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:

Mr. Manoj Pant, APP for the State.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 13.01.2026 1.

By way of the present application, the applicant is seeking grant of regular bail in case arising out of FIR bearing no. 315/2025, registered at Police Station Tilak Nagar, Delhi for the commission of offence punishable under Sections 20/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act').

2.

Briefly stated, the facts of the present case are that on 03.07.2025, during routine patrolling at K Block, Kumhar Gali, Shyam Nagar, Tilak Nagar, the applicant Dilip Kumar was apprehended while riding a motorcycle and carrying two pithu bags. Upon search, 10.231 kgs of ganja was allegedly recovered from the said bags. Notice under Section 50 of the NDPS Act was duly served upon the applicant. He was thereafter arrested The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and produced before the concerned Court. Sampling of the recovered narcotic substance was conducted under Section 52A of the NDPS Act on 16.07.2025, and the samples were deposited with FSL, Rohini on 17.07.2025. As per the FSL report, the recovered substance was confirmed to be ganja. It is alleged that during investigation, the applicant had disclosed the involvement of his associate Rahul, stated to be the source of the recovered ganja. The call detail records (CDRs) are stated to establish connectivity between the applicant and the said co-accused, against whom Non-Bailable Warrants have been issued. The charge-sheet has already been filed before the concerned Court.

3.

The learned counsel appearing for the applicant argues that the applicant has been falsely implicated in the present case and has remained in judicial custody since 03.07.2025, i.e., for more than six months. It is further contended that the quantity of contraband allegedly recovered from the applicant falls under the category of intermediate quantity, and therefore, the rigours of Section 37 of the NDPS Act are not attracted. On these grounds, prayer is made for grant of regular bail.

4.

Per contra, the learned APP appearing for the State argues that the allegations against the applicant are serious in nature, and 10.231 kgs of ganja was recovered from the possession of the applicant. He thus prays that the bail application be dismissed.

5.

This Court has heard arguments addressed on behalf of the applicant as well as the State, and has perused the material available on record. 6.

It is not in dispute that the applicant herein was arrested on 03.07.2025 and he has remained in judicial custody for more than six The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

months. Concededly, the quantity of ganja allegedly recovered from the applicant is an intermediate quantity, and rigours of Section 37 of NDPS Act are not attracted in the present case. The learned APP for the State, on instructions from the Investigating Officer, has further informed this Court that the applicant has no previous criminal involvement. 7.

Considering the overall facts and circumstances of the case, including the nature of the alleged recovery, the period of custody undergone by the applicant, completion of investigation, and absence of previous involvement, this Court is inclined to grant regular bail to the applicant, on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, who shall be a family member, to the satisfaction of the learned Trial Court / Successor Court / Link Court / Duty Judge concerned, on the following terms and conditions:

i) The applicant shall not leave the country without prior permission of the concerned Court and if the applicant has a passport, he shall surrender the same to the concerned trial court. ii) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Court and concerned I.O./SHO.

iii) The applicant shall appear regularly before the learned Trial Court, unless exempted.

iv) The applicant shall not communicate with, or come into contact with the complainant or any of the prosecution witnesses, or tamper with the evidence of the case.

8.

Accordingly, the present bail application, along with pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application, stands disposed of.

9.

It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case. 10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JANUARY 13, 2026/zp TD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.