Allowed¶28

Sagar v. State NCT of Delhi

Delhi HC16 Jan 2026BAIL APPLN./180/2026

Case brief

AI extract

What is this about?

Delhi High Court anticipatory bail, NDPS Act Sections 21/25/29, FIR 677/2025 PS Bhalswa Dairy; chance recovery of 102.56 grams smack; SIM card not belonging to applicant held non-incriminating; phone calls with co-accused insufficient for custody; non-bailable warrants; bail on Rs. 10,000 personal bond with condition to join investigation on written notice by IO; Justice Girish Kathpalia; BAIL APPLN. 180/2026.

What did the court decide?

Anticipatory bail granted: in the event of arrest, release on bail on personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned, conditioned on joining investigation as and when directed by the IO in writing by notice at the address mentioned in the bail application. ¶28

Sagar Vs State NCT of Delhi — Narcotics (NDPS) | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused/applicant Sagar is entitled to anticipatory bail in FIR No. 677/2025, PS Bhalswa Dairy, for offences under Section 21/25/29 NDPS Act, having regard to the evidence against him (recovery of 102.56 grams smack from three persons allegedly delivering it to him, and 20 phone calls with co-accused on the night of recovery from a SIM card not belonging to him).

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Court's answer

The only incriminating evidence against the accused/applicant is his 20 phone calls with co-accused persons on the night of the recovery, made from a SIM card admittedly not belonging to him (stated by the IO to belong to the applicant's sister, who said he had taken it from her); such evidence cannot be treated as incriminating to the extent of justifying his incarceration.

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Ratio / Principle

Considering the overall circumstances, the Court found no reason to deprive the accused/applicant of liberty.

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Key takeaways

In the event of arrest, the accused/applicant is to be released on bail on furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned, subject to the condition that he joins investigation as and when directed by the IO in writing by notice served at the address given in the bail application.ratio¶28

Detailed headnote1 paragraphs

Anticipatory bail granted to Sagar in FIR No. 677/2025, PS Bhalswa Dairy, under Section 21/25/29 NDPS Act (Bail Appln. 180/2026, decided 16.01.2026 by Justice Girish Kathpalia). 102.56 grams smack was recovered by chance from three persons who disclosed it was to be delivered to the applicant. The only material against him was 20 phone calls with co-accused on the night of recovery from a SIM card admittedly not belonging to him (per the IO, belonging to his sister); the Court held such evidence cannot justify incarceration. Non-bailable warrants had been obtained as he had not joined investigation. Bail ordered in the event of arrest on a personal bond of Rs. 10,000/- with one surety, subject to joining investigation whenever directed in writing by the IO.

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 16.01.2026

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- BAIL APPLN. 180/2026

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SAGAR .....Petitioner

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Through: Mr. Siddharth, Advocate

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versus

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STATE NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with IO/SI Deepak and SI Vishal, PS Bhalswa Dairy

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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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The accused/applicant seeks anticipatory bail in case FIR No. 677/2025 of PS Bhalswa Dairy for offence under Section 21/25/29 NDPS Act.

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Broadly speaking, by way of chance recovery, 102.56 grams smack was recovered from three persons, who disclosed that the same was to be delivered by them to the present accused/applicant.

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Learned counsel for accused/applicant submits that there is no admissible evidence on the basis whereof the accused/applicant can be justifiably arrested. It is submitted that the accused/applicant has been BAIL APPLICATION 180/2026 Page 1 of 3 pages

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Page 1 of 3 pages

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 GIRISH 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d155 KATHPALIA 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2026.01.16 18:21:27 -08'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:1 6.01.2026 18:25:36

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falsely implicated in this case, and he is a resident of Mathura with no links with any of the arrested accused persons. Learned counsel for accused/ applicant also submits that the accused/applicant is willing to join investigation as and when directed by the IO.

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On the other hand, learned APP for State assisted by IO/SI Deepak opposes the anticipatory bail application on the ground that the accused/applicant was supposed be the receiver of the recovered smack. Further, it is submitted by learned APP for State that the accused/applicant has not joined investigation, so non-bailable warrants against him have been obtained.

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In response to a specific query, learned prosecutor submits that the only incriminating evidence against the accused/applicant is his 20 phone calls on the night of the recovery between him and co-accused persons. But admittedly, the SIM card allegedly used in those phone calls by the accused/applicant does not belong to him. It is submitted by the IO that the said SIM belonged to sister of the accused/applicant, who stated that the accused/applicant had taken that SIM card from her. Such evidence cannot be treated as incriminating evidence to the extent of justifying the incarceration of the accused/applicant.

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So far as the requirement to join investigation is concerned, learned counsel for accused/applicant submits that the accused/applicant is duty bound and shall certainly join investigation as and when directed in writing by the IO at his address given by the accused/applicant in the present

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BAIL APPLICATION 180/2026 Page 2 of 3 pages

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:1 6.01.2026 18:25:36

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application.

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Considering the overall circumstances as described above, I find no reason to deprive the accused/applicant liberty.

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The application is allowed and it is directed that in the event of his arrest, the accused/applicant shall 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 IO/SHO concerned and also subject to the condition that the accused/applicant shall join investigation as and when directed by the IO in writing by way of notice served on his address mentioned in the present bail application.

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec GIRISH 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15 KATHPALIA 570996b40f80cbd2eee60402c487965ff801 e26fa, cn=GIRISH KATHPALIA Date: 2026.01.16 18:21:04 -08'00'

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GIRISH KATHPALIA (JUDGE)

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JANUARY 16, 2026/ as

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BAIL APPLICATION 180/2026

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:1 6.01.2026 18:25:36

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Page 3 of 3 pages

Sagar v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Sagar v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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