Alisher v. The State Govt. of NCT of Delhi

Delhi High Court · 01 May 2025 · 2025:DHC:3173
Girish Kathpalia
BAIL APPLN. 340/2025
2025:DHC:3173
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to the accused in an NDPS case involving intermediate quantity of ganja, holding that antecedents alone cannot deny bail when stringent provisions do not apply.

Full Text
Translation output
BAIL APPLN. 340/2025
HIGH COURT OF DELHI
Date of Decision: 01.05.2025
BAIL APPLN. 340/2025
ALISHER .....Petitioner
Through: Mr. Hemant Kaushik, Advocate (through videoconferencing)
VERSUS
THE STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Ms. Richa Dhawan, APP for the State
WITH
SI Rajender Singh
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. In furtherance of last order, updated Status Report was filed, enlisting the cases in which the accused/applicant is involved and the status thereof.

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

3. 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 GIRISH KATHPALIA KATHPALIA BAIL APPLN. 340/2025 pages the accused/applicant and his propensity to commit crime. It is keeping in mind this ground that an updated Status Report was requisitioned.

4. 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.

5. 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.

6. Copy of this order be sent to the Superintendent of the concerned jail for informing the accused/applicant. (JUDGE) MAY 1, 2025 ‘rs’