[Cites 4, Cited by 0]
Delhi High Court
Desalegn Atnafu Abeba vs Narcotics Control Bureau on 1 April, 2026
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.04.2026
+ BAIL APPLN. 4445/2025 & CRL.M.(BAIL) 2315/2025
DESALEGN ATNAFU ABEBE .....Petitioner
Through: Ms. Arshiya Ghose, Advocate.
versus
NARCOTICS CONTROL BUREAU .....Respondent
Through: Mr. Arun Khatri, SSC with Ms.
Shelly Dixit, Advocate.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case Crime No.
VIII/74/DZU/2022 of Police Station NCB DZU, RK Puram for offence
under Section 8/21/23/29 NDPS Act.
1.1 This bail application came up for the first hearing on 20.11.2025
before the predecessor bench and thereafter continued getting adjourned
before different benches. Along with 179 such old pending bail applications,
this application also was transferred to this bench.
1.2 Today is the first hearing before me.
BAIL APPLN. 4445/2025 Page 1 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801e
26fa, cn=GIRISH KATHPALIA
Date: 2026.04.01 17:36:49 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:01.04.2026
17:59:56
2. I have heard learned counsel for accused/applicant as well as learned
prosecutor on behalf of NCB. Learned counsel for accused/applicant claims
parity on the ground that co-accused Yesak Angsom was granted bail in
similar circumstances in Bail Application No. 1100/2025, decided by this
court on 28.07.2025. Learned counsel for NCB submits that the present case
stands on different footing, so parity is not applicable here.
3. Broadly speaking, the case set up by prosecution is that they seized
4.98 kg cocaine from co-accused Dipali during a raid in Tilak Nagar, New
Delhi and in her confessional statement, Dipali stated having received the
contraband from one Dawit and one Desalegn (the present
accused/applicant) at hotel Apex Regency, Mumbai on instructions of her
husband Peter. On being summoned, Dawit and the accused/applicant
disclosed before NCB that they were sent to India from Ethiopia by one
Aklilu, who had provided them trolly bags containing cocaine. The
accused/applicant allegedly disclosed that the co-accused Yesak, also
staying in hotel Apex Regency had come to India on 13.10.2022 and one
Ethiopian national lady was expected to come to India on 14.10.2022 from
Ethiopia in the same hotel and that they were involved in drug trafficking.
On the basis of the said information, NCB carried out a search at hotel Apex
Regency on 14.10.2022 during which the co-accused Yesak disclosed that
one Ethiopian lady named Kelemuwa was staying in hotel Sukoon and was
carrying contraband. On the basis of raid carried out in hotel Sukoon,
2.055kg cocaine was recovered from trolly bag of Kelemuwa.
BAIL APPLN. 4445/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.04.01 17:36:40 -07'00'
By:RAHUL YADAV
Signing Date:01.04.2026
17:59:56
4. As mentioned above, co-accused Yesak was granted bail vide order
dated 28.07.2025, copy whereof is Annexure P-9 to the present bail
application. That order was passed after examination of the CCTV footage
of the hotel corridor, played in court.
5. Learned counsel for NCB submits that the difference in the present
case is that the alleged drug money USD 3500 was recovered from the
present accused/applicant and there are WhatsApp chats between the present
accused/applicant and Aklilu. No other difference has been pointed out.
6. In the case of the co-accused Yesak also, money was recovered from
the said accused, though the amount was lesser. So far as WhatsApp chats
are concerned, no explicitly incriminating WhatsApp chat has been shown to
this court.
7. In other words, apart from disclosure statement, there is no other
evidence against the present accused/applicant.
8. It is informed by both sides that visa of the accused/applicant has
already expired.
9. Under these 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. 50,000/- with one surety in the like
amount to the satisfaction of the Trial Court. It is specifically directed that
BAIL APPLN. 4445/2025 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.01 17:36:30 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:01.04.2026
17:59:56
upon acceptance of bail bond, custody of the accused/applicant shall be
handed over by the concerned Jail Superintendent to the FRRO. A copy of
this order be immediately transmitted to the concerned Jail Superintendent
for informing the accused/applicant. Pending application also stands
disposed of.
10. It is made clear that nothing observed in this order shall be read to the
prejudice of either side at the final stage of the trial.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.01 17:36:10 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 1, 2026/dr
BAIL APPLN. 4445/2025 Page 4 of 4 pages
