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Alisher v. the State Govt. of NCT of Delhi

Bail – Regular bail under NDPS Act

Delhi HC1 May 2025BAIL APPLN./340/2025

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Case brief

AI extract

What is this about?

Delhi High Court, BAIL APPLN. 340/2025, decided 01.05.2025 by Justice Girish Kathpalia. Regular bail in FIR No. 517/2024, PS Mahendra Park, offence under Section 20/25/61/85 NDPS Act; recovery of 2 kg 26 grams ganja treated as intermediate quantity, Section 37 NDPS Act rigors not attracted. Antecedents: 23 cases (16 acquittals, 4 discharge/release, 2 convictions, 1 trial pending), none under NDPS Act. Bail granted on personal bond Rs. 10,000/- with one surety.

What did the court decide?

Accused/applicant directed to 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 learned trial court; copy of the order to be sent to the concerned jail Superintendent for informing the accused/applicant. ¶20

Alisher Vs the State Govt. of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 01.05.2025

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- BAIL APPLN. 340/2025

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ALISHER .....Petitioner

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Through: Mr. Hemant Kaushik, Advocate ( through videoconferencing )

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versus

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THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Richa Dhawan, APP for the State with SI Rajender Singh

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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, updated Status Report was filed, enlisting the cases in which the accused/applicant is involved and the status thereof.

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I have heard learned counsel for accused/applicant and learned APP for the State.

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The accused/applicant seeks regular bail in case FIR No. 517/2024 of PS Mahendra Park for offence under Section 20/25/61/85 NDPS Act. The allegation against the accused/applicant is recovery of 2 kg 26 grams ganja, which is intermediate quantity, so not covered by the rigors of Section 37 of the Act. The ground of opposition to bail application is the antecedents of

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BAIL APPLN. 340/2025 Page 1 of 2 pages

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Digitally signed by GIRISH GIRISH KATHPALIA KATHPALIA Date: 2025.05.01 16:40:00 -07'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:0 1.05.2025 18:10:05

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the accused/applicant and his propensity to commit crime. It is keeping in mind this ground that an updated Status Report was requisitioned.

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According to the updated Status Report, the accused/applicant was/is involved in 23 cases involving different offences, registered at different police stations. In sixteen cases, the accused/applicant stands acquitted; in four cases, the accused/applicant stands discharged or released; in two cases, the accused/applicant stands convicted; and one case involving the accused/applicant is pending trial. None of those offences is under NDPS Act.

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Considering the above circumstances, the application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned trial court.

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