Dismissed¶¶16

Sangeeta@Vidhva v. the State of NCT of Delhi

Delhi HC8 Jul 2025BAIL APPLN./2425/2025

Case brief

AI extract

What is this about?

Delhi High Court; Bail Appln. 2425/2025; Girish Kathpalia J.; regular bail; NDPS Act 1985 Sections 21/25/29; FIR No. 27 of 2024 PS Bawana; heroin recovery 100 grams and 229 grams; non-disclosure of earlier bail application; earlier application dismissed as withdrawn vide order dated 28.05.2025; Annexure-A2 order dated 28.11.2024 not of this bench; apology for inadvertent error; dismissed as withdrawn with liberty to file afresh; CRL.M.A. 19186/2025 exemption allowed.

What did the court decide?

Bail application dismissed as withdrawn with liberty to file afresh disclosing entire facts; exemption application CRL.M.A. 19186/2025 allowed subject to all just exceptions. ¶¶16

Sangeeta@Vidhva Vs the State of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2025)

What the court decided

AI extract

Outcome

Bail application dismissed as withdrawn with liberty to file afresh disclosing entire facts; exemption application CRL.M.A. 19186/2025 allowed subject to all just exceptions.

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Issue for consideration

Whether regular bail should be granted to the accused/applicant in case FIR No. 27 of 2024 of PS Bawana for offence under Section 21/25/29 of the NDPS Act, 1985. +1 more

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Court's answer

The bail application was not decided on merits; it was dismissed as withdrawn with liberty to file afresh disclosing entire facts, after counsel expressed apology for the inadvertent error of non-disclosure.

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Ratio / Principle

The order dated 28.11.2024 (Annexure-A2) relied upon as the withdrawal order was not passed by this bench; the earlier application had in fact been dismissed as withdrawn by this bench vide order dated 28.05.2025, and its non-disclosure resulted in the present application being dismissed as withdrawn rather than adjudicated.

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Key takeaways

CRL.M.A. 19186/2025 (exemption) allowed, subject to all just exceptions.ratio¶¶10

Detailed headnote1 paragraphs

Bail Appln. 2425/2025 (High Court of Delhi, Girish Kathpalia J., 08.07.2025): The accused/applicant sought regular bail in FIR No. 27 of 2024, PS Bawana, for offence under Section 21/25/29 of the NDPS Act, 1985, alleging recovery of 100 grams heroin from a bed and 229 grams heroin from underneath the staircase of her house. On the Court's query, counsel disclosed that an earlier similar bail application had been dismissed as withdrawn by the same bench vide order dated 28.05.2025 — a fact neither disclosed in the application nor borne out by the order dated 28.11.2024 (Annexure-A2) relied upon, which was not of this bench. Counsel apologised, attributing the omission to inadvertent error. Held: the application was dismissed as withdrawn with liberty to file afresh disclosing entire facts; it was not considered on merits. CRL.M.A. 19186/2025 (exemption) was allowed subject to all just exceptions.

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 2425/2025

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SANGEETA@VIDHVA .....Petitioner Through: Mr. Suraj Prakash, Advocate versus

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THE STATE OF NCT OF DELHI .....Respondent Through: Ms. Manjeet Arya, APP for the State with SI Kartar Singh Rawat and SI Raj Kumar

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R % 08.07.2025 [ Physical Hearing/Hybrid Hearing (as per request)]

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CRL.M.A. 19186/2025 (exemption)

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Allowed, subject to all just exceptions. BAIL APPLN. 2425/2025

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The accused/applicant seeks regular bail in case FIR No. 27 of 2024 of PS Bawana for offence under Section 21/25/29 of the NDPS Act, 1985.

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Broadly speaking, the allegation against the accused/applicant is that from a bed inside one of the rooms of her house, 100 grams heroin and from underneath the staircase of her house, 229 grams of heroin were recovered. 4. While reading the brief yesterday, I recollected having dealt with this matter earlier. So, the learned counsel for accused/applicant was called upon to disclose if earlier also similar bail application was filed, and if so, what was the result. The learned counsel for accused/applicant submitted that earlier also a similar bail application was filed, but the same was dismissed

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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 09/07/2025 at 11:30:26

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as withdrawn.

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Neither the copy of the said order of dismissal has been filed nor it has been disclosed in the application that earlier also a similar application was filed. Learned counsel for accused/applicant referred to order dated 28.11.2024 ( Annexure-A2 ) as the withdrawal order. But that is not the order passed by this bench. Learned prosecutor informs that vide order dated 28.05.2025, this bench had dismissed the earlier application as withdrawn and that has not been disclosed.

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Counsel for accused/applicant expresses apology and submits that it was an inadvertent error. As requested, the present bail application is dismissed as withdrawn with liberty to file afresh, disclosing entire facts.

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GIRISH KATHPALIA, J

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JULY 8, 2025 ‘ rs’

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Click here to check corrigendum, if any

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Sangeeta@Vidhva v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Sangeeta@Vidhva v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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