2025 Supreme(Online)(Del) 9534
IN THE HIGH COURT OF DELHI AT NEW DELHI
JITESH @ JITU – Appellant
Versus
STATE NCT OF DELHI – Respondent
BAIL APPLN.-3198/2025
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 16thOctober, 2025
Decided on: 27th November, 2025
Uploaded on: 27th November, 2025
+ BAIL APPLN. 3198/2025
JITESH @ JITU .....Petitioner
Through: Mr. U.A.Khan, Mr. Tushar Upadhayaya and Mr. Shahrukh Khan, Advs.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Yudhvir Singh Chauhan, APP with SI Dev Kumar, ANTF, Crime Branch.
+ BAIL APPLN. 3216/2025
VIJAY @ DANNY .....Petitioner
Through: Ms. Nandita Rao, Sr. Adv. with Mr. Vimal Tyagi, Mr. Balaji Pathak, Mr. Amit Peswani and Mr. Tripurari Jha, Advs.
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Yudhvir Singh Chauhan, APP with SI Dev Kumar, ANTF, Crime Branch.
CORAM
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
RAVINDER DUDEJA, J.
1. The present applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] are filed by the petitioners Jitesh @ Jitu and Vijay @ Danny seeking grant of regular bail in FIR No. 05/2025, dated 05.01.2025, registered at Police Station Crime Branch, under Sections 21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”]. Since both applications emanate from a common set of facts and pertain to the same FIR, they are being disposed of together by this common judgment.
Factual Background:
2. The brief facts are that on 05.01.2025, a secret information was received that one person named Lalla Babu, involved in supply of heroin in Trans-Yamuna area, would be coming near IHBAS Hospital, Dilshad Garden, near Tiranga Flag Point, to deliver heroin to his known persons Jitesh @ Jitu and Vijay @ Danny, and if raid is conducted, all of them can be apprehended.
3. On the basis of said information, a raiding team was constituted. At about 4.25 pm, co-accused Lalla Babu came on foot and stood on the footpath of the road near Tiranga Flag Point and started waiting for someone. After 4-5 minutes of waiting, he started going back but was apprehended by the raiding team and on his search, heroin weighing 502 grams was recovered from his possession from a polythene.
4. Subsequently, FIR no. 05/2025, dated 05.01.2025, under section 21 NDPS Act was registered at PS Crime Branch against co-accused Lalla Babu and he was arrested. Upon interrogation, he gave information regarding the supplier of heroin namely Nimazuddin Ansari @ Nizam of Bareilly and receivers namely Jitesh @ Jitu and Vijay @ Danny in Delhi.
5. On 10.01.2025, a secret information was received that petitioner Vijay @ Danny would be going in his black colour i-20 car, bearing registration No. DL11-CE-5292 to make delivery of heroin. Upon such information, a raiding team was constituted. The car of the petitioner Vijay @ Danny was chased. However, upon suspicion, petitioner Vijay @ Danny jumped the red light and struck against a truck and road divider and ran away after abandoning his car. On the search of the car of petitioner Vijay @ Danny, 99 grams of heroin was recovered from a polythene.
6. On 30.01.2025, co-accused Jitesh @ Jitu was apprehended on the basis of secret information near Shiv Chowk, Shalimar Garden. At his instance, 125 grams of heroin was recovered from his house in Nand Nagri.
7. Furthermore, co-accused Nizamuddin Ansari @ Nizam was apprehended on 24.02.2025 on the basis of secret information near Shyam Lal College, but no contraband was recovered from his possession.
8. After conclusion of trial, chargesheet dated 03.07.2025, under sections 21/29 of NDPS Act was filed against accused persons- Lalla Babu, Jitesh @ Jitu, Nizamuddin Ansari @ Nizamand Vijay @ Danny.
Submissions on behalf of the petitioners:
9. Learned counsels for the petitioners have submitted that the petitioners were falsely implicated in the present case in a pre-planned and calculated manner as the same is apparent from the fact that one photograph of the heroin like substance was sent through WhatsApp message from mobile No. 7310849155 on the mobile phone of co-accused Jitesh