Mohd Tayyab Ansari v. State NCT of Delhi; Mohd Shakir v. State NCT of Delhi

1. In furtherance of last order, it is informed by both sides that both accused/applicants have been joining investigation, but no further evidence could be unearthed. I have heard learned counsel for accused/applicants as well as learned APP for State assisted by Investigating Officer/SI Vikas Kumar.

2. The accused/applicants seek anticipatory bail in case FIR No. 35/2022 of PS Mayur Vihar for offence under Section 21/25/29 of NDPS Act. Broadly speaking, the factual matrix set up by prosecution is as follows. On 08.01.2022, a secret information was received in PS Mayur Vihar to the effect that one Umesh Gautam, who procures smack from Bareilly, UP and supplies it to his associates in Delhi and adjoining area would come to deliver smack to one Sekhar @ Chander Sekhar at his residence between 02:00 pm and 02:30pm. After necessary procedural formalities, a raiding party was constituted, which apprehended Umesh Gautam and Sekhar @ Chander Sekhar, and a total 300 grams of smack was recovered from them, which led to registration of FIR No. 35/2022 of PS Mayur Vihar for offence under Section 21/25/29 NDPS Act. In the course of investigation, the accused Umesh and Sekhar @ Chander Sekhar stated that they procured the contraband from Anil and Omender, both residents of Bareilly. After further steps in the investigation, Anil and Omender were declared as Proclaimed Offenders. Thereafter, on 05.05.2025, Anil was arrested and interrogated. Anil informed that the contraband was supplied to him by the present accused/applicants. Since the accused/applicants were not traceable and did not join investigation, in order to unearth evidence against them, they were directed to join investigation, when they filed the present applications.

3. Learned APP in all fairness submits that against the accused/applicants there is no evidence except the confessional statement of co-accused Anil, recorded while he was in custody.

4. Considering the above circumstances, I find no reason to deprive the accused/applicants liberty.

5. Therefore, both these applications are allowed and it is directed that in the event of their arrest, the accused/applicants shall be released on bail subject to their 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. Pending applications stand disposed of.

GIRISH KATHPALIA (JUDGE) AUGUST 18, 2025