Hussain vs The State (Govt. Of Nct Delhi) on 7 July, 2026

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    Delhi High Court – Orders

    Hussain vs The State (Govt. Of Nct Delhi) on 7 July, 2026

    Author: Purushaindra Kumar Kaurav

    Bench: Purushaindra Kumar Kaurav

                              $~3 & 4
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         BAIL APPLN. 2875/2023 and CRL.M.(BAIL) 1701/2025
                                        HUSSAIN                                                                         .....Petitioner
                                                                      Through:            Mr. Nipun katyal with Mr. Manan
                                                                                          Sharma, Advs.
    
                                                                      versus
    
                                        THE STATE (GOVT. OF NCT DELHI)           .....Respondent
                                                      Through: Ms. Shubhi Gupta, APP.
    
                              +         BAIL APPLN. 2651/2024
                                        ASIM KHAN                                                                       .....Petitioner
                                                                      Through:            Mr. U A Khan with Mr. Tushar
                                                                                          Upadhyaya, Mrs. Rizwana Khana and
                                                                                          Mrs. Abda Niyazi, Advs.
    
                                                                      versus
    
                                        STATE NCT OF DELHI                                                  .....Respondent
                                                      Through:                            Ms. Shubhi Gupta, APP.
    
                              CORAM:
                              HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                                      ORDER
    

    % 07.07.2026

    1. The applicants have filed these applications for grant of regular bail in
    connection with FIR No.607/2021 registered for offence under Sections
    21
    /25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
    [NDPS Act].

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    2. There are three accused persons. Out of three, one has already been

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/07/2026 at 21:35:21
    enlarged on regular bail in terms of order dated 13.09.2022 passed by the
    Special Court. The Court while granting bail to the said accused had prima
    facie considered the violation of the provisions of Section 42 of the NDPS
    Act.

    3. Learned counsel appearing for the applicants, however, in the instant
    applications confined their submissions to the extent of long incarceration of
    the present two applicants. It is contended that the applicant – Hussain has
    already suffered more than four years six months incarceration, whereas,
    applicant – Asim Khan has suffered almost five years’ incarceration.

    4. Learned counsel appearing for the applicants have brought the
    attention of the Court to various decisions passed by the Supreme Court
    where without going into the seriousness of the allegations, the Courts have
    enlarged the accused on regular bail on the basis of long incarceration.
    Learned counsel appearing for the applicants have placed all those
    judgments on record.

    5. This Court during the pendency of the applications vide order dated
    20.01.2025 was not impressed by three principal arguments out of four made
    by the applicants on that date. The Court, however, bearing in mind the
    principles laid down in Rabi Prakash v. State of Odisha1, was of the
    opinion that the continuous long incarceration may tilt in favour of the
    applicant. The matter was, however, adjourned from time to time and the
    report from the concerned Court regarding progress of the trial was also
    called for. The applicant in the interregnum has also approached the
    Supreme Court and the Court vide order2 dated 29.06.2026 directed for

    1
    2023 SCC OnLine SC 1109
    2
    SLP (Crl.) 11518/2026

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/07/2026 at 21:35:21
    disposal of the present bail application.

    6. Attention of the Court has been drawn to the order dated 28.01.2026
    passed in Chintan Rajubhai v. State of Maharashtra3. The observations of
    the Supreme Court in paragraph nos.5 to 10 are extracted as under:

    “5. We do not undermine the seriousness of the alleged crime. We are mindful
    of the fact that the prosecution is for the offence punishable under Narcotic
    Drugs and Psychotropic Substances, Act, 1985
    . At the same time, we should
    not overlook the fact that the petitioner is in judicial custody as an under-trial
    prisoner past 3 years and 6 months and prosecution intends to examine as
    many as 159 witnesses. Examination of 159 witnesses or even 50% of the
    same is going to take a pretty long time. At times, we wonder why prosecution
    wants to examine so many witnesses and thereby prolong the trial and delay
    the same. We have observed in number of orders that the prosecution should
    examine important witnesses and try to establish its case. There is no point in
    multiplying the witnesses on one and the same issue.

    6. Be that as it may, since the Special Public Prosecutor could be said to the
    In-charge of the trial, we have to leave it to his better discretion.

    7. The learned counsel appearing for the petitioner has manifold contentions
    to raise in so far as the merits of the case is concerned. However, we do not
    want to go into the merits of these contentions at this point of time.

    8. The learned counsel appearing for the petitioner brought to our notice that
    there are cases almost 10 years old pending in the Trial Court as on date.

    9. In the overall view of the matter, we have been persuaded to exercise our
    discretion in favour of the petitioner.

    10. The petitioner is ordered to be released on bail, subject to terms and
    conditions that the Trial Court may deem fit to impose. However, if the
    prosecution wants a particular condition to be imposed to safeguard its
    interest, it shall be open for the Public Prosecutor, In-charge of the trial to
    request the Trial Court to impose such condition.”

    7. In another decision in the case of Sanjay Kumar v. Government of
    NCT of Delhi4
    , the Supreme Court, vide order dated 18.03.2026, granted
    bail to the accused from whose rented godown 351.6 kg of poppy straw was
    recovered. The Supreme Court took note of the fact that the accused had

    3
    2026 SCC OnLine SC 924
    4
    SLP (C rl.) 21306/2025; Dated 18.03.2026

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/07/2026 at 21:35:21
    remained in incarceration for more than three years, had no prior criminal
    antecedents, and that only 11 out of 26 prosecution witnesses had been
    examined. In the present case also, it is found that applicants have
    undergone incarceration for more than 4 years and there is no criminal case
    pending against the applicants. The observations made by the Supreme
    Court in the case of Sanjay Kumar (supra) are extracted as under:

    “It is not in dispute that the appellant has been under incarceration
    for more than three years and there are no prior criminal antecedents
    in which he was involved. We have been informed that only eleven of
    twenty six witnesses have been examined.”

    8. In the case of Suman S.K @ Samirul Islam v. The State of West
    Bengal5
    , the Supreme Court, vide order dated 01.03.2024, notwithstanding
    the rigour of Section 37 of the NDPS, granted bail to the accused. While
    doing so, the Supreme Court took into consideration the prolonged
    incarceration of the accused and the fact that the charges had only recently
    been framed, fifteen witnesses were yet to be examined and, therefore, the
    trial was likely to take considerable time, thereby recognising the accused’s
    right to a speedy trial.

    9. In the instant case, it is noticed that only ten out of twenty-nine
    prosecution witnesses have been examined. It is, thus, evident that there is
    no likelihood of the trial being concluded in the near future. At this stage,
    this Court does not deem it necessary to burden the present order by
    referring to the various other pronouncements of the Supreme Court as well
    as of this Court.

    10. The sum and substance of the arguments advanced on behalf of the
    applicants is that their prolonged incarceration, without any delay being

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/07/2026 at 21:35:21
    attributable to them, should by itself constitute a sufficient ground for grant
    of regular bail. It is submitted that the alleged offence is punishable with
    imprisonment ranging from ten to twenty years along with fine. It is further
    contended that none of the applicants has any criminal antecedents and that
    they have remained in custody for a period ranging from four to five years.

    11. Accordingly, the applicants are granted regular bail subject to the
    terms and conditions that may be imposed by the concerned Special Judge.

    12. The bail applications stand disposed of.

    PURUSHAINDRA KUMAR KAURAV, J
    JULY 7, 2026
    Tr/SA

    5
    SLP(Crl.) 14415/2023

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/07/2026 at 21:35:21



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