[Cites 4, Cited by 0]
Delhi High Court
Sajan Kumar vs The State (Nct Of Delhi) on 22 January, 2026
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.01.2026
+ BAIL APPLN. 4955/2025 & CRL.M.A. 38226/2025
SAJAN KUMAR .....Petitioner
Through: Mr. Ankaj Giri, Advocate.
versus
THE STATE (NCT OF DELHI) .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Mukesh Kumar.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 88/2025 of
PS Crime Branch for offence under Section 20/25/29 NDPS Act.
2. Broadly speaking, the prosecution case is as follows. On the basis of a
secret information, a raiding team was constituted by local police on the
night intervening 11.04.2025 and 12.04.2025. At the informed spot, the co-
accused, whose name was later revealed as Raja Kumar was apprehended on
a two-wheeler scooter, on footrest whereof 23.900 kg ganja kept in a white
plastic bag was recovered and seized. On disclosure of co-accused Raja, the
police arrested the present accused/applicant and from the bag carried by
BAIL APPLICATION 4955/2025 Page 1 of 4 pages
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,
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.01.22 18:01:06 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
him, 12.235 kg ganja was recovered. The accused/applicant was arrested on
13.04.2025 and continues to be in custody.
3. Learned counsel for accused/applicant submits that nothing
incriminating was recovered from him and the ganja allegedly recovered
was in fact planted on him. The accused/applicant is in custody since
13.04.2025 and no purpose would be served by keeping him in jail,
especially because he is about 19 years of age with no antecedents. Learned
counsel for accused/applicant also assails the nature of the material allegedly
recovered from him and contends that the same is not ganja.
4. Learned APP for State assisted by IO/SI Mukesh Kumar opposes the
bail application on the ground that as regards the recovered material, the
same has been certified to be ganja by FSL. Further, learned APP submits
that bail of co-accused Raja was dismissed by this court on 20.01.2026, so
the present accused/applicant also does not deserve bail. Learned APP also
contends that there is a video chat between the present accused/applicant and
co-accused Raja in which video chat, the present accused/applicant is
showing the ganja sample to co-accused Raja. It is submitted by learned
APP that apart from the video chat, there are also other audio telephonic
connectivity and money transactions between the two accused persons,
which reflect conspiracy charge under Section 29 NDPS Act.
5. To begin with, there is no dispute that while considering the rigors of
Section 37 NDPS Act, the total recovery of the contraband from multiple
BAIL APPLICATION 4955/2025 Page 2 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
26fa, cn=GIRISH KATHPALIA
Date: 2026.01.22 18:00:54 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
accused persons would be relevant only if there is cogent evidence of
conspiracy between multiple accused persons. Otherwise, each accused
person is answerable for the respective recovery from him/her.
6. As regards co-accused Raja, the recovery of ganja from him was
23.900kg, which in itself is commercial quantity. That is not the case with
the present accused/applicant. From the present accused/applicant, quantity
of ganja recovered is 12.235 kg, which is not commercial quantity.
7. To establish conspiracy between the present accused/applicant and co-
accused Raja, one of the material collected is the alleged video chat between
the two of them, in which the present accused/applicant showed sample of
ganja to co-accused Raja. But on being directed to show that video chat,
what the IO has shown is simply a few seconds clip of video depicting some
bushes material kept in a plastic bag. After the video is played, the IO
admits that it is not the video chat between the accused/applicant and the co-
accused Raja. Now it is stated by the IO that this clip was found by the FSL
in the pictures gallery of mobile phone of the accused/applicant. Another
material relied upon by prosecution to show conspiracy is the alleged
financial transactions between the accused/applicant and the co-accused
Raja. Those financial transactions are to the total tune of hardly Rs.20,000/-
which cannot be connected with a contraband going by cost thereof. Lastly,
the evidence relied upon by prosecution to show conspiracy are Call Detail
Reports between the accused/applicant and co-accused Raja. But Call Detail
Reports establish nothing except only telephonic connectivity between two
BAIL APPLICATION 4955/2025 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
570996b40f80cbd2eee60402c487965ff801e
26fa, cn=GIRISH KATHPALIA
Date: 2026.01.22 18:00:43 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
persons. The same do not give any hint of what was the conversation
between the two persons.
8. Admittedly, the accused/applicant is aged only 19 years and has no
antecedents. Even the prosecution witnesses are only police witnesses, so
there is no likelihood of the accused/applicant threatening anyone.
9. Considering the above circumstances, I do not find any reason to
deprive further liberty to 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. Of course, nothing
observed in this order shall be read to the prejudice of either side at the final
stage of the trial. Accompanying application also stands disposed of.
10. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.22 18:00:29 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 22, 2026/ry
BAIL APPLICATION 4955/2025 Page 4 of 4 pages
