Delhi HIgh Court

Delhi HC: Contradictory Witness Statements Lead to Bail in Ganja Case

Updated
Feb 5, 2026 11:23 PM
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Summary: Harish Kumar, initially linked to a drug case in Delhi, was granted bail because there wasn't enough proof directly connecting him to the crime. The court found that the witness statements didn't match up.

The Arrest and Initial Events

On March 4, 2025, the Delhi police, acting on a tip-off, set up a trap to catch a criminal named Balkesh. At around 8:30 PM, Balkesh was caught receiving a bag from someone in a car. This bag had 11.630 kg of marijuana. The car driver got away, leaving behind 56.642 kg of marijuana in the car.

Harish Kumar's Connection

Harish Kumar was arrested on April 19, 2025, based on a statement by Balkesh. However, the first statement didn't even mention Harish's name. Instead, it mentioned someone named Vijay. Later, Balkesh gave another statement naming Harish as the car driver.

"The fact remains that there are two disclosure statements, contrary to each other."

Court's Decision

Judge Girish Kathpalia pointed out that nothing was found on Harish himself. The court found it unfair to keep him in jail when Balkesh, the one from whom the drugs were taken, was already out on bail.

Bail Conditions

Harish was granted bail on January 16, 2026. He needs to provide a personal promise to pay Rs. 10,000 and have someone else promise to pay the same amount if he doesn't show up in court.

Verdict Summary

Harish Kumar was granted bail because the evidence against him was inconsistent and not strong enough to justify keeping him in jail.

Tags:
Bail
NDPS Act
Criminal Law