$~1
*	IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI
%					                    Date of Decision: 09.09.2026

#	CNR No. DLHC010156452026
+ 	BAIL APPLN. 1470/2026
	FRED OKEKE @EKPYONY				.....Petitioner
Through:	Mr. J.S. Kushwaha and Ms. Tanya Kushwaha, Advocates

				versus

	NARCOTICS CONTROL BUREAU			.....Respondent
Through:	Ms. Shelly Dixit, Advocate with Inspector Rakesh Rana







     CORAM:          JUSTICE GIRISH KATHPALIA

                                                                        
J U D G M E N T    (ORAL)

1.	The accused/applicant seeks regular bail in Case No. VIII/37/DZU/2021 for offence under Section 21(c) NDPS Act.
2. 	Broadly speaking, the accused/applicant, a foreign national was apprehended on 25.06.2021 and was found in possession of 122 grams cocaine being carried by him on his scooter.   
3. 	At the outset, learned counsel for accused/applicant submits that the only ground on which the accused/applicant seeks bail is prolonged incarceration without concluding the trial.  In this regard, learned counsel for accused/applicant places reliance on the judgment of the Hon’ble Supreme Court in the case of Rabi Prakash vs The State of Odisha, 2023 SCC Online SC 1109. It is submitted that the accused/applicant was arrested on 25.06.2021, but till date only 6 out of 17 prosecution witnesses have been examined. 
4. 	On being called upon to produce the ordersheets of the trial court in order to ascertain as to whether the alleged delay in trial is not being caused by the defence side itself, learned counsel for accused/applicant expresses inability to show the same. But learned counsel for respondent NCB submits that having examined the trial court record, she found that in the trial there was no delay caused on behalf of the accused/applicant. 
5. 	Further, learned counsel for NCB also submits that the only objection they have is that passport and visa of the accused/applicant is no more valid, so if he has to be released on bail, his custody be given to FRRO only.
6. 	Considering	the above circumstances, the application is allowed and the accused/applicant is directed to be released on bail and be handed over to FRRO subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court/Duty Magistrate.  
7.	A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.



GIRISH KATHPALIA
     (JUDGE)
SEPTEMBER 09, 2026/as



BAIL APPLN. 1470/2026			   		             Page 1 of 3 pages