Bombay High Court
UMESH SURESH WAGHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Umesh Suresh Wagh, who had been in custody for two years and nine months without charges being framed. The prosecution alleged that the applicant supplied contraband to another accused, relying solely on circumstantial evidence and a seizure based on the smell of the substance. The court noted the lack of direct evidence, the fact that the co-accused had already been released on bail, and the questionable identification of the seized material. It also took into account the applicant's prolonged pre‑trial detention. Consequently, the court granted bail, imposing standard conditions such as a bond, reporting requirements, and restrictions on travel and witness tampering. The order expressly limited its observations to bail considerations, reserving judgment on the merits for the trial.
Issues considered
- Whether bail should be granted under Section 483 of the BNSS, 2023, given the applicant's prolonged pre‑trial detention and the nature of the evidence against him.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 25, 27A, 29, 8(c)
Subjects
- bail
- pre‑trial detention
- circumstantial evidence
- NDPS Act
- BNSS
- criminal procedure
- Maharashtra
Judgment
51.BA.2093.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2093 OF 2026
Umesh Suresh Wagh .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Ms. Sana Raees Khan a/w. Mr. Jinay Jain and Mr. Parag Sawant,
Advocates for Applicant.
Mr. Amit A. Palkar, APP for Respondent – State.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 28, 2026.
P.C.:
1. Heard Ms. Khan, learned Advocate for Applicant and Mr.
Palkar, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.425 of 2023 registered with Nashik Road
Police Station, District Nashik for offences punishable under Sections
8(c), 22(c), 25, 27A and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short ‘NDPS’). The First Information Report
is filed on 07.09.2023 and Applicant came to be arrested on
12.12.2023.
3. Applicant in the present case is arraigned as Accused No.14.
Out of the 23 accused persons, seven accused persons have already
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been enlarged on bail on the basis of their precise role as also long
incarceration pending trial. The present Applicant is behind bars for
the past 2 years 9 months. Charge is not framed. Hence the ignominy
of the trial commencing or for that matter concluding in the near
foreseeable future which I am inclined to consider the case of the
Applicant.
4. On merits, case of the prosecution against Applicant is that
he is charged with having supplied the alleged contraband to another
co-accused person namely Accused No.6. However, by order dated
19.08.2026, Accused No.6 has already been enlarged on bail.
5. The act of the present Applicant having supplied the alleged
contraband to Accused No.6 which has been recovered by the
prosecution in the present case is on the basis of circumstantial
evidence and there is no direct evidence. That apart, according to
prosecution, Applicant was allegedly involved in transportation of the
contraband. There is nothing prima facie brought before the Court to
show the participation of the accused in the present crime, save and
except the aforesaid circumstantial evidence.
6. Though the learned prosecutor tried to persuade me to
consider the fact that after the accused was apprehended and arrested,
he has led the prosecution to the house of his second wife where
contraband powder of Mephedrone was recovered. I have perused the
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seizure panchanama appended at page No.67 of the Application and
prima facie find that there is a dichotomy in identification of the
alleged contraband which has been done merely on the basis of sense
of smell by the raiding party. In view of the above, I am inclined to
consider the case of Applicant for grant of bail. Undoubtedly the trial
will determine the complicity of Applicant in the offence.
7. All questions pertaining to the prosecution case are
otherwise expressly kept open. Considering that the trial has not yet
concluded, Applicant’s prolonged incarceration is also taken into
account. In any event, the parity is applicable to Applicant. Hence, the
Applicant is enlarged on bail.
8. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Umesh Suresh Wagh is directed to be
immediately released from prison in connection with
CR. No.425 of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
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Nashik Road Police Station, once every month, on the
first Sunday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
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the Applicant.
9. 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
hereinabove in this order.
10. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally
signed by AJAY
TRAMBAK
AJAY UGALMUGALE
TRAMBAK
UGALMUGALE Date:
2026.09.28
20:16:50
+0530
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