Shilpa v. State NCT of Delhi

Delhi High Court · 31 Jul 2025 · 2025:DHC:6274
Girish Kathpalia
BAIL APPLN. 2836/2025
2025:DHC:6274
criminal appeal_allowed

AI Summary

Anticipatory bail was granted to the accused under the NDPS Act where only a co-accused's confessional statement implicated her and she was already on bail in other cases.

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BAIL APPLN. 2836/2025
HIGH COURT OF DELHI
Date of Decision: 31.07.2025
BAIL APPLN. 2836/2025 & CRL.M.A. 22090/2025
SHILPA .....Petitioner
Through: Mr. U.A. Khan and Mr. Tushar Upadhyaya, Advocates
VERSUS
STATE NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
WITH
SI Ashish Sharma
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant seeks anticipatory bail in case FIR NO. 308/2025 of PS Nand Nagri for offence under Section 21/29 of NDPS Act. Broadly speaking, the allegation of prosecution is that one Amit was apprehended and 22.11 gm smack, which is intermediate quantity, was recovered; and Amit made a confessional statement in custody that he used to sell smack on instructions of Seema, Vikas and the present accused/applicant.

2. Learned APP, assisted by IO/SI Ashish Sharma, accepts notice and in all fairness submits that apart from the said confessional statement of coaccused Amit, there is no other evidence against the accused/applicant.

GIRISH KATHPALIA KATHPALIA Date: 2025.07.31 17:17:13 +05'30' BAIL APPLN. 2836/2025 pages

3. However, the learned prosecutor opposes the bail application on solitary ground of antecedents of the accused/applicant. It is submitted by learned prosecutor that the accused/applicant is involved in two more cases.

4. But in response to a specific query, the IO submits that in the other two cases, the accused/applicant is already on bail.

5. Considering the above circumstances, I find no reason to deprive the accused/applicant personal liberty. The application is allowed and it is directed that in the event of her arrest, the accused/applicant shall be released on bail subject to her furnishing 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 application also stands disposed of. (JUDGE) JULY 31, 2025