BAIL APPLN. 3045/2019 Page 1 of 6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on:

08.02.2022

Pronounced on:

10.03.2022

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BAIL APPLN. 3045/2019

KALE RAM @ KALU RAM

.....Petitioner

Through:

Mr. A.K. Sahu, Advocate with

petitioner produced from judicial

custody.

Versus

NARCOTICS CONTROL BUREAU

.....Respondent

Through:

Mr. Subhash Bansal, Sr. St. Counsel

with Mr. Shashwat Bansal, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

10.03.2022

RAJNISH BHATNAGAR,J.

1. This is a petition filed by the petitioner under section 439 of Cr.P.C.

for grant of regular bail in SC.No.8605 of 2016 under Sections 20 & 29

NDPS ACT registered at Police Station NCB.

2. The brief facts of the case are that on secret information accused

Raghav Sehajpal, Krishan Chand and Ram Lal were apprehended and from

the possession of accused Raghav 220 gm of charas was recovered and two

parcels containing 399 and 925 gm of charas were recovered from Kishan

Chand and Rs. 65000/- were recovered from accused Ram Lal. It is further

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000906

BAIL APPLN. 3045/2019 Page 2 of 6

alleged that accused persons in their statements under Section 67 NDPS Act

admitted their involvement. It is further alleged that accused Raghav

Sehajpal in his statement under Section 67 of NDPS Act has disclosed the

name of the present petitioner and his mobile number. It is further alleged

that co-accused Raghav disclosed that he used to get the contraband through

Kale Ram (petitioner herein) through conductors and drivers who sometimes

used to give money in cash and sometimes used to deposit money in HDFC

bank accounts. It is further alleged that many transactions were found to

have taken place between accused Raghav and petitioner Kale Ram and

accused/petitioner Kale Ram disclosed in his statement under Section 67 of

NDPS Act that he gave five packets to Kishan Chand and Ram Lal with

instructions to give the packets to Raghav Sehejpal.

3. I have heard the learned counsel for the petitioner and learned senior

standing counsel for the respondent-NCB. I have also perused the status

report and the records of this case.

4. It is submitted by the learned counsel for the petitioner that the

petitioner is in custody since 14.03.2015. It is further submitted by learned

counsel for the petitioner that co-accused - Raghav Sehajpal and Ram Lal

are on regular bail. He further submitted that the petitioner did not possess

any contraband, and he is charged with conspiracy with co-accused. It is

further submitted by the learned counsel for the petitioner that the petitioner

was arrested on the disclosure statement of the co-accused and has been

falsely implicated. He further submitted that the petitioner has deep roots in

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000906

BAIL APPLN. 3045/2019 Page 3 of 6

the society and has family to support. Learned counsel for the petitioner

further submitted that as per the allegations in the complaint, the element of

conspiracy with the other co-accused person is missing. He further

submitted that the bank slips which are exhibited in the court are not bearing

the signature of co- accused Raghav and different signatures are appearing

on them. He further submitted that there is no evidence to show that the

amount of Rs.65,000/- which according to the prosecution was deposited by

co-accused Raghav Sehajpal in the account of petitioner was in relation to

sale and purchase of contraband.

5. On the other hand, it is sub