Delhi High Court
BAIL APPLN./2136/2026 of AJAY RATHI Vs STATE on 16 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010254952026 + BAIL APPLN. 2136/2026 AJAY RATHI .....Petitioner Through: Mr. Ankur, Ms. Indu Kumari, Ms. Surbhi Singla, Mr. Rajat Mangla, Mr. Parth Sharma and Ms. Komal, Advs. versus STATE .....Respondent Through: Mr. Manoj Pant with Mr. Vijay Gupta,
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010254952026
+
BAIL APPLN. 2136/2026
AJAY RATHI
.....Petitioner
Through:
Mr. Ankur, Ms. Indu Kumari, Ms.
Surbhi Singla, Mr. Rajat Mangla, Mr.
Parth Sharma and Ms. Komal, Advs.
versus
STATE
.....Respondent
Through:
Mr. Manoj Pant with Mr. Vijay Gupta,
Mr. Akash Kumar, Advs.
SI Chhagan Lal, AMC/SWD.
CORAM:
HON’BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 16.09.2026
1. This hearing has been done through hybrid mode.
2. Learned counsel for the petitioner submits that the charge-sheet has already been filed; however, out of 21 witnesses, only two witnesses have been examined till date, and the trial is likely to take considerable time.
3. He further submits that the recovery was affected from a building, but no resident thereof was joined as a witness. It is also submitted that the CCTV cameras were neither seized nor produced by the prosecution and that there are several lacunae in the investigation which go to the root of the case. It is, therefore, contended that no useful purpose would be served by keeping the petitioner in further custody.
4. Per contra, learned APP for the State submits that 1.562 kg of charas, which is a commercial quantity, was recovered from the petitioner and, 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 19/09/2026 at 10:58:53
therefore, the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, ‘NDPS Act’) are attracted. He further submits that, as per the Zeba Khan Affidavit filed by the petitioner, he has five criminal antecedents, which demonstrate that despite having been granted bail in those cases, he has again committed offence.
5. Heard both the learned counsels for the parties.
6. The allegations against the petitioner pertain to recovery of 1.562 kg of charas, which is a commercial quantity. The petitioner also has five criminal antecedents. Accordingly, the rigours of Section 37 of the NDPS Act are attracted.
7. Keeping in view the nature of the allegations and the recovery made from the petitioner, no ground for bail is made out.
8. The present bail application is dismissed. Pending application(s), if any, also stand(s) disposed of.
9. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 16, 2026/ys/yt 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 19/09/2026 at 10:58:53