RAMESH NARSIMHA AITHAversusSTATE OF MAHARASHTRA

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MEERA MAHESH                                                                     46-ba-198-26.doc
MAHESH JADHAV
JADHAV Date:
       2026.09.23
       15:16:33
       +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO.198 OF 2026

                    Ramesh Narsihn Aitha                                 .. Applicant
                               Versus
                    The State of Maharashtra                             .. Respondent
                                               ....................
                     Ms Ashwini Achari a/w Mr. Taraq Sayed and Mr. Aryan Kotwal
                      Advocates for Applicant.
                     Ms Shilpa Talhar APP for State.
                                                    ................…

                                                   CORAM : MILIND N. JADHAV, J.
                                                   DATE         : SEPTEMBER 22, 2026

                    P.C.:

                    1. At the outset, Ms Achari, learned Advocate for the Applicant seeks

                    leave to correct the name of father of the Applicant as “Narsihn”.

                    Amendment to that effect is permitted to carried out in the

                    Application. Amendment be carried out within one week from today.

                    Reverification is dispensed with.


                    2.      Heard Ms Achari, learned Advocate for Applicant and Ms Talhar,

                    learned APP for Respondent-State.


                    3.      By this Bail Application, Applicant is seeking enlargement on bail

                    in C.R. No. 425 of 2023 registered with Nashik Road Police Station for

                    the offences punishable under Sections 8 (c) r/w. 22 (c), 25, 27A and

                    29 of the NDPS Act, 1985.


                    4.      The Applicant is arraigned as Accused No.21 in the present crime.


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The Applicant was already in custody at the time of commission of the

crime and his statement was recorded qua his earlier crime in question,

which has been used by the prosecution to indict him in the present

crime. No specific role has been attributed to the Applicant neither any

money trail has been shown, which reaches the door step of the

Applicant before me. What is stated by the prosecution is that he had

provided the formula for manufacture of the alleged contraband in

question. To that extent there has to be a reasonable nexus which has

to be shown by the prosecution. It is not so shown to me from the

material collected. The Applicant is behind bars for 2 and ½ years

without the trial commencing. Charge is also not framed. The

ignominy of the Applicant in incarceration without trial is considered

by the Court for granting bail to the Applicant in the present matter.


5.             In view of the above the following order is passed:-


               (i)   Applicant – Ramesh Narsihn Aitha is directed to be

               immediately released from prison in connection with Crime

               No. 425 of 2023;


               (ii) Applicant is directed to be released on bail on

               furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifteen

               Thousand only) with one or two sureties in the like amount;


               (iii) Applicant shall report to the Investigating Officer at

               Nashik Road Police Station, once every month on the first

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               Sunday of the month between 10:00 a.m. to 12:00 p.m.;


               (iv) Applicant shall co-operate with the conduct of trial and

               attend the Trial Court on all dates, unless specifically

               exempted and will not take any unnecessary adjournments,

               if he does so it will entitle the prosecution to apply for

               revocation of this order;


               (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;


               (vi) Applicant shall not influence with any of the witnesses

               or tamper with the evidence in any manner;


               (vii) Applicant shall keep the Investigating Officer informed

               of his current address and mobile contact number and / or

               change of residence or mobile details, if any, from time to

               time, as applicable; and


               (viii)Any infraction of the conditions shall entail cancellation

               of bail granted to the Applicant.


6.    It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made



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hereinabove in this order.


7.    Bail Application is allowed and disposed of in the above

terms.



                                       [ MILIND N. JADHAV, J. ]




Meera Jadhav                                                          4 of 4