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2021 Supreme(Del) 389

MUKTA GUPTA
Arvind Yadav in JC through his Pairokar – Appellant
Versus
Govt. of NCT Delhi through Standing Counsel – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Trideep Pais, Mr. Devashish Chauhan, Mr. Sanya Kumar, Mr. Shashwat Dhyani, Mr. Shashwat Singh.
For the Respondents: Mr. Amit Gupta, Mr. Arvind Kumar.

JUDGMENT :

MUKTA GUPTA, J.

1. By Bail Application No. 1416/2021 the petitioner seeks regular bail in case FIR No. 61/2019 under Sections 21/25/29 of the NDPS Act registered at PS Crime Branch and in the alternative interim bail on the ground of his ill-health.

2. Learned counsel for the petitioner contends that immediately after the registration of the FIR an application under Section 91 Cr.P.C. was filed before the Court for making the mobile phone call records of the petitioner, co-accused and the members of the raiding party available, which would show that on the date of incident i.e. 14th March, 2019 all the mobile phones including that of the petitioner, co-accused and raiding team were switched off for a particular period of time. The petitioner was in fact picked up from his house and falsely implicated in this case. The manner in which recovery is sought to be made from the petitioner is highly improbable and clearly shows that the petitioner has been falsely implicated. No public witness has been associated with the recovery. There is non-compliance of Section 52-A of the NDPS Act on which ground alone the petitioner is entitled to be released on bail in terms of the decisio

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