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Rajeev Kansal vs. State Govt. of NCT of Delhi

Bail Application · 2026:DHC:8849Decided 7 Oct 2026New Delhi Bench
BAIL APPLN. 3640/2026CNR: DLHC010410962026
Justice Girish Kathpalia

Background

Rajeev Kansal sought regular bail in an NDPS case involving a pharmaceutical firm linked to his family. During lengthy arguments, his counsel initially denied any family connection to the firm before admitting it belonged to the applicant's wife. It then emerged, only after extensive questioning, that the applicant had already secured interim bail from the trial court by filing a separate application that concealed the pendency of this very petition before the High Court.

Decision Breakdown

The Court found that the interim bail application's main text made no mention of the pending High Court petition, with only a buried reference in a supporting affidavit, and that even the prosecution had stayed silent about it before the trial court. Holding that the applicant had attempted to play fraud on both the trial court and the High Court, and that the petition was in any event technically infructuous since he was already out on interim bail, the Court dismissed the bail application and directed that copies go to the trial court and the DCP concerned to probe the IO's silence.

Lesson Learnt

Courts take a serious view of litigants who conceal parallel or prior proceedings to obtain favourable orders: honesty about the full procedural history of a case is a baseline requirement, and concealment can backfire into an outright dismissal plus referral for further action.

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