Delhi HC refuses to interfere with interim bail for drug case accused

The Delhi High Court declined to interfere with a trial court's order granting interim bail to an accused in a major drug cartel case. The court directed the Delhi Police to present their objections before the trial court, which extended the bail.

The Delhi High Court on Wednesday refused to interfere with the interim bail granted to an accused in an international drug cartel case involving the recovery of 1200 kg of drugs. One day, the interim granted on the grounds of the surgery of the accused's mother was extended till January 3 by the trial court.

The High Court asked the Delhi Police and counsel for the accused to represent their objection before the trial court. Justice Anish Dayal disposed of the Delhi Police's plea against the one-day interim bail and its extension. Initially, the accused Tushar Goyal was granted interim bail on December 22, 2025, but he was not released from jail. He was released from judicial custody the next day, and an extension was also granted till January 3. However, Delhi Police opposed the order, calling it as infructuous.

Police Plea and High Court's Direction

During the hearing before the High Court Advocate Akhand Pratap Singh, Special Public Prosecutor (SPP) for Delhi Police, contended that the reply to its plea was filed before this Court last night only, and changes related to medical treatment have not been stated in the reply. Justice Anish Dayal said, "These issues may not require consideration of this Court at this stage, considering the interim bail has been extended only till 3rd January 2026." "Parties can present their cases before the Trial Court on 3rd January 2026, which will consider the bail application on its own merits and in accordance with law," Justice Dayal said in the order.

The High Court stressed that the Trial Court shall consider the objections of the State with respect to these series of events and assess whether the bona fides of the accused are genuine or not in moving this interim bail application.

Trial Court Proceedings

SPP for Delhi Police stated that on December 22, 2022, they had not received notice of the interim bail application and, therefore, sought an adjournment. However, considering the circumstances and submissions of the parties, the Trial Court, on the basis of the previous verification of the medical documents and on humanitarian grounds, granted interim bail for a period of one day. The matter came up for hearing on 23rd December 2025, the accused states that he was not released from the Judicial Custody on 22nd December 2025 and, therefore, his mother could not be taken to the hospital and now, having been released, would take his mother to the hospital for the requisite treatment.

An objection was taken by counsel for the State that they have not been able to get the medical documents verified and, therefore, should be given some time for the same, and a fresh interim bail application ought to be moved by the accused. The trial Court, however, had extended the interim bail, stating that there was no need for a fresh interim bail application, and considering the medical condition, interim bail was extended till 3rd January 2026 on the same terms and conditions.

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