Delhi High Court
Irfan Khan vs State Govt. Of Nct Of Delhi on 21 May, 2025
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.05.2025
+ BAIL APPLN. 576/2025
IRFAN KHAN .....Petitioner
Through: Mr. Jitendra Sethi, Senior Advocate
with Mr. Hemant Gulati and Mr.
Shobit Damri, Advocates.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Ms. Manjeet Arya, APP for State.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. In furtherance of last order, updated status report dated 23.04.2025
was filed on behalf of the State and the same has been perused by me.
2. The accused/applicant seeks anticipatory bail in case FIR No.
292/2024 of PS Bhalswa Dairy for offences under Section 21/25/29 NDPS
Act. According to the prosecution case, originally one Shoaib was arrested
for being in possession of contraband and on his interrogation, the
Investigating Officer reached Saddam, followed by few more persons
including one Rafat. It is on the disclosure statement of the Rafat that the
BAIL APPLN. 576/2025 Page 1 of 3 pages
GIRISH KATHPALIA KATHPALIA
present accused/applicant was zeroed down but he could not be arrested as
he absconded.
3. On last date, learned APP on instructions of IO had submitted that
when police party went to arrest the accused/applicant, they were assaulted
and in that regard FIR No.29/2025 was registered at PS Meerganj, Bareilly,
Uttar Pradesh. It is in this regard that on last date, prosecution was granted
an opportunity to file updated status report, which has now been filed.
Learned APP refers to paragraph 7 of the said updated status report dated
23.04.2025, from which it appears that when the police team reached the
house of the accused/applicant, 15-20 persons "gathered there and started a
ruckus" and in the meanwhile, the accused/applicant fled away.
4. Admittedly, nothing incriminating was recovered from the possession
or at the instance of the accused/applicant. The role ascribed to the
accused/applicant is that he was involved in a conspiracy. But even in this
regard, the Investigating Officer has failed to collect any material in the
form of CDRs or bank transactions. Under similar circumstances, co-
accused Dharamvir was granted anticipatory bail by the Court of Sessions.
5. Keeping in mind the aforesaid, I find no reason to deprive the
accused/applicant liberty. The application is allowed and it is directed that in
the event of his arrest, the accused/applicant shall be immediately released
on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/-
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GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA
with one surety in the like amount to the satisfaction of the Investigating
Officer/SHO. However, the accused/applicant shall join investigation as and
when directed by the Investigating Officer in writing.
GIRISH GIRISH KATHPALIA
KATHPALIA Date: 2025.05.21
18:26:09 +05'30'
GIRISH KATHPALIA
(JUDGE)
MAY 21, 2025/ry
BAIL APPLN. 576/2025 Page 3 of 3 pages
