[Cites 4, Cited by 0]
Delhi High Court
Wasim Khan vs State Of Nct Of Delhi on 6 February, 2026
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.02.2026
+ BAIL APPLN. 541/2026 & CRL.M.A. 4041/2026
WASIM KHAN .....Petitioner
Through: Mr. Firoz Iqbal Khan, Advocate
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Chander Pal and SI Mahesh
Kumawat, PS Bhalswa Dairy
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 223/2025 of
Police Station Bhalswa Dairy for offence under Section 21(b) NDPS Act.
2. Broadly speaking, the allegation against the accused/applicant is that
he was found in possession of 10 grams smack.
3. Learned counsel for accused/applicant submits that the quantity of
smack allegedly recovered from the accused/applicant is almost small
quantity as the small quantity is 5 grams. It is also submitted that the
BAIL APPLN. 541/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.06 17:48:39 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:06.02.2026
17:52:26
accused/applicant is in jail since 04.04.2025 and till date even charges are
yet to be framed.
4. Learned APP for State accepts notice and opposes the bail application
on the ground that the earlier bail application was dismissed as withdrawn
on 20.08.2025 and there being no change in circumstances, the present
application is liable to be dismissed. It is also contended that the quantity of
smack recovered from the accused/applicant is intermediate quantity,
possession whereof is punishable with imprisonment for 10 years.
5. As regards the earlier application, the same was dismissed as
withdrawn on 20.08.2025 with liberty to accused/applicant to file afresh
after framing of charge before the trial court. It is submitted by learned
counsel for accused/applicant that till date across a period of almost 06
months charge has not been framed. I find substance in the submission that
this factor in itself is a change of circumstance in the sense that the
accused/applicant cannot be expected to wait endlessly in jail.
6. The commercial quantity of smack is 250 grams while the quantity of
smack allegedly recovered from the accused/applicant was only 10 grams.
7. As regards antecedents, the accused/applicant is involved in two more
cases, one of which is under the Delhi Excise Act while the other one is for
offence under Section 411/34 IPC. In both those cases, the accused/applicant
is already on bail.
BAIL APPLN. 541/2026 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
Digitally Signed f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.06 17:48:28 -08'00'
By:NEETU N NAIR
Signing Date:06.02.2026
17:52:26
8. Considering the above circumstances, I do not find any reason to
deprive further liberty to the accused/applicant. Therefore, the bail
application is allowed and 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 Trial Court.
9. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
10. Of course, nothing observed in this order shall be read to the prejudice
of either side at the final stage of the trial.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.06 17:48:08 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 06, 2026/as
BAIL APPLN. 541/2026 Page 3 of 3 pages
