Allowed bail application under Section 439 CrPC in an NDPS case. Held that separability shown by co-accused and lapse of time exempt petitioner from stricter Section 37 rigours. Released on personal and surety bonds.
Petitioner enlarged on bail on furnishing personal bond of Rs. 50,000/- and one surety bond of the like amount subject to standard conditions.
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ASLAM ..... Petitioner Through: Mr. Suraj Prakash Sharma, Adv. versus THE STATE NCT OF DELHI ..... Respondent Through: Mr. Ritesh Kumar Bahri, APP for State with SI Vishan Kumar, PS. ANTF, Crime Branch.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 09.04.2024
This is a digitally signed order.
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20.09.2023 passed in BAIL APPLN. 1089/2023 and co-accused Guddu was enlarged on bail vide order dated 06.11.2023 passed by the learned Special Judge (NDPS), North, Rohini Court, Delhi.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 11:42:03
any contraband, whatsoever, made from the present petitioner.
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b) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.
c) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.
VIKAS MAHAJAN, J
APRIL 9, 2024/dss
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 11:42:03
3 issues framed by the court
Whether the petitioner is eligible for regular bail under Section 439 CrPC considering the evidence recovered only from co-accused and the lack of substantive evidence against him.
Whether the provisions of Section 37 of the NDPS Act applying stricter bail conditions to the petitioner are applicable in the present circumstances.
Whether the petitioner satisfies the conditions necessary for the grant of bail subject to furnishing personal and surety bonds.
3 provisions across 2 enactments
ASLAM
THE STATE NCT OF DELHI
VIKAS MAHAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
