Raj Kishore Vs State of NCT of Delhi

By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the applicant seeks grant of regular bail in FIR No.174/2022 dated 17.08.2022 registered at PS.: Crime Branch, Delhi under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( NDPS ).

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As per FIR, on the intervening night of 16-17.08.2022, based on a secret information, two persons namely Rajesh Rajput and the present applicant were apprehended and upon search a recovery of eight (8) plastic bags containing a total of 157.6 kgs of ‘ Poppy Straw ’ was effected from the boot of the tempo/ truck, owned by the present applicant. Thereafter, based on the disclosure statements of the applicant and other co-accused Rajesh Rajput, involvement of other accused persons surfaced as also further recovery were effected.

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This is a digitally signed order.

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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 25/07/2026 at 11:24:43

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In this factual backdrop, this Court has heard learned counsel for the applicant and learned APP, as also gone through the documents on record. 4. Even though it is alleged that commercial quantity of 157.6 kgs ‘ Poppy Straw ’ has been recovered from the boot of the tempo/ truck owned by applicant, however, notably, no contraband has been recovered from the conscious possession or personal search of the applicant. There is also an absence of any independent witness(es) and/ or photography and videography or CDR details. Also, the applicant herein is a person with clean antecedents, who, has been languishing in judicial custody since more than three years and eleven months as on date, wherein his conduct, as per the Nominal Roll, has been “ Satisfactory ”. Lastly, of the twenty-six (26) prosecution witnesses, only eleven (11) witnesses have been examined till date and conclusion of trial is likely to take some time. 5. Additionally, as informed, all the other co-accused persons in the present case, namely Sanjay Kumar, Nirpal and Rajesh Rajput have already been granted bail by the Hon’ble Supreme Court, and by this Court vide orders dated 18.03.2026, 15.01.2023 and 08.05.2026 respectively. 6. Thus, taking a cumulative view of the aforesaid facts and circumstances involved, the present application is allowed, and the applicant is directed to be released on regular bail in proceedings arising out of FIR No.174/2022 dated 17.08.2022 registered at PS.: Crime Branch, Delhi under Section 15 of the NDPS Act, subject to him furnishing a personal bond in the sum of Rs.50,000/- [ Rupees Fifty Thousand Only ] along with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and

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This is a digitally signed order.

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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 25/07/2026 at 11:24:43

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subject to the satisfaction of the Jail Superintendent, and further subject to the following conditions:-

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i. Applicant shall not leave NCT of Delhi without prior permission of this Court and shall ordinarily reside at the address as per prison records and shall surrender his Passport, if any, to the IO within a period of three days .

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ii. Applicant shall provide his mobile number to the IO concerned which shall be kept in working condition at all times.

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iii. Applicant shall appear before the learned Trial Court if, as and when called for.

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iv. Applicant shall report to the IO at PS: Crime Branch once every month in the first week of the month unless leave of every such absence is obtained from the learned Trial Court.

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v. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, or tamper with the evidence of the case.

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Copy of this order be sent to the concerned Jail Superintendent for information and compliance.

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Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved.

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SAURABH BANERJEE, J

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JULY 23, 2026/So

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This is a digitally signed order.

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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 25/07/2026 at 11:24:43

Raj Kishore v. State of NCT of Delhi

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Raj Kishore v. State of NCT of Delhi

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