Allowed¶24

Mohd Shakir v. State NCT of Delhi

Delhi HC18 Aug 2025BAIL APPLN./2205/2025

Case brief

AI extract

What is this about?

Delhi High Court, Justice Girish Kathpalia, decision dated 18.08.2025; Bail Applns. 2204/2025 & 2205/2025 with Crl.M.(Bail) 1276/2025 & 1277/2025; anticipatory bail allowed; petitioners Mohd Tayyab Ansari and Mohd Shakir; FIR No. 35/2022, PS Mayur Vihar; offence under Section 21/25/29 NDPS Act; recovery of 300 grams of smack from Umesh Gautam and Sekhar @ Chander Sekhar on 08.01.2022; implication via co-accused Anil's custodial confessional statement; no independent evidence; personal bond Rs. 10,000/- with one surety.

What did the court decide?

Anticipatory bail granted to both accused/applicants: release on bail in the event of arrest, subject to furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned; pending applications disposed of. ¶24

Mohd Shakir Vs State NCT of Delhi — Narcotics (NDPS) | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused/applicants (Mohd Tayyab Ansari and Mohd Shakir) are entitled to anticipatory bail in case FIR No. 35/2022 of PS Mayur Vihar for offence under Section 21/25/29 NDPS Act.

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Court's answer

Having considered the circumstances before it (including the learned APP's submission that the only evidence against the accused/applicants was the confessional statement of co-accused Anil recorded while he was in custody, and that the applicants had been joining investigation without further evidence being unearthed), the court found no reason to deprive the accused/applicants of liberty.

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Ratio / Principle

Both anticipatory bail applications are allowed; in the event of arrest, the accused/applicants shall be released on bail subject to furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned, and the pending applications (CRL.M.(BAIL) 1276/2025 and 1277/2025) stand disposed of.

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Detailed headnote1 paragraphs

Anticipatory bail - NDPS Act, Ss. 21/25/29 - FIR No. 35/2022, PS Mayur Vihar - Applicants (Mohd Tayyab Ansari and Mohd Shakir) implicated on interrogation of co-accused Anil, arrested 05.05.2025, who stated the contraband was supplied to him by the applicants - Learned APP conceded that except the confessional statement of co-accused Anil recorded while in custody, there was no evidence against the applicants - Applicants had joined investigation and no further evidence was unearthed - Held, no reason to deprive the accused/applicants of liberty - Both applications allowed; in the event of arrest, release on bail on furnishing personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned; pending applications disposed of.

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$~3 & 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 18.08.2025

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- BAIL APPLN. 2204/2025 & CRL.M.(BAIL) 1276/2025

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MOHD TAYYAB ANSARI .....Petitioner Through: Mr. Hum Nashin Ahmed, Mr. Imran Alam and Mr. Ekrama Hasan, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with SI Vikas, PS Special Staff, East District

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- BAIL APPLN. 2205/2025 & CRL.M.(BAIL) 1277/2025

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MOHD SHAKIR .....Petitioner Through: Mr. Hum Nashin Ahmed, Mr. Imran Alam and Mr. Ekrama Hasan, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with SI Vikas, PS Special Staff, East District

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CORAM: JUSTICE GIRISH KATHPALIA

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J U D G M E N T (ORAL)

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In furtherance of last order, it is informed by both sides that both accused/applicants have been joining investigation, but no further evidence could be unearthed. I have heard learned counsel for accused/applicants as

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BAIL APPLNS. 2204/2025 & 2205/2025

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Page 1 of 3 pages

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GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.08.18 17:20:06 -07'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:1 8.08.2025 17:46:11

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well as learned APP for State assisted by Investigating Officer/SI Vikas Kumar.

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The accused/applicants seek anticipatory bail in case FIR No. 35/2022 of PS Mayur Vihar for offence under Section 21/25/29 of NDPS Act. Broadly speaking, the factual matrix set up by prosecution is as follows. On 08.01.2022, a secret information was received in PS Mayur Vihar to the effect that one Umesh Gautam, who procures smack from Bareilly, UP and supplies it to his associates in Delhi and adjoining area would come to deliver smack to one Sekhar @ Chander Sekhar at his residence between 02:00 pm and 02:30pm. After necessary procedural formalities, a raiding party was constituted, which apprehended Umesh Gautam and Sekhar @ Chander Sekhar, and a total 300 grams of smack was recovered from them, which led to registration of FIR No. 35/2022 of PS Mayur Vihar for offence under Section 21/25/29 NDPS Act. In the course of investigation, the accused Umesh and Sekhar @ Chander Sekhar stated that they procured the contraband from Anil and Omender, both residents of Bareilly. After further steps in the investigation, Anil and Omender were declared as Proclaimed Offenders. Thereafter, on 05.05.2025, Anil was arrested and interrogated. Anil informed that the contraband was supplied to him by the present accused/applicants. Since the accused/applicants were not traceable and did not join investigation, in order to unearth evidence against them, they were directed to join investigation, when they filed the present applications.

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Learned APP in all fairness submits that against the accused/applicants there is no evidence except the confessional statement of

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BAIL APPLNS. 2204/2025 & 2205/2025 Page 2 of 3 pages

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:1 8.08.2025 17:46:11

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co-accused Anil, recorded while he was in custody.

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Considering the above circumstances, I find no reason to deprive the accused/applicants liberty.

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Therefore, both these applications are allowed and it is directed that in the event of their arrest, the accused/applicants shall be released on bail subject to their furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. Pending applications stand disposed of.

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GIRISH KATHPALIA

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569 af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.08.18 17:19:32 -07'00'

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GIRISH KATHPALIA (JUDGE)

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AUGUST 18, 2025/ ry

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BAIL APPLNS. 2204/2025 & 2205/2025

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Page 3 of 3 pages

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:1 8.08.2025 17:46:11

Mohd Shakir v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Mohd Shakir v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

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What the court decided

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