Bombay High Court
ROHIT BALU KAJALEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted bail to the accused on the condition of a personal bond and sureties.
Summary
The applicant, Rohit Balu Kajale, was arrested after a police raid recovered 20.68 kg of mephedrone from his residence, leading to charges under Sections 8(c) and 22(b) of the NDPS Act. He had been in custody for about 11 months with a charge‑sheet filed and claimed no prior criminal record, while the prosecution argued he had antecedents and could abscond or tamper with witnesses. The High Court noted that the quantity seized was of intermediate level and that the prolonged pre‑trial detention without trial progress warranted relief. Balancing the risk of interference with the evidence against the applicant’s right to liberty, the Court ordered bail on a personal bond of Rs.25,000 with sureties, subject to conditions not to tamper with evidence or influence witnesses. The trial court was directed to continue the trial on its merits independently of this bail order.
Issues considered
- Whether bail should be granted in an NDPS case involving an intermediate quantity of a narcotic after prolonged pre‑trial detention.
- Whether the risk of the accused absconding or tampering with witnesses outweighs the statutory presumption against bail in NDPS offences.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(b), 8(c)
Subjects
- bail
- NDPS Act
- intermediate quantity
- pre‑trial detention
- criminal procedure
- mephedrone
Judgment
2-BA-2460-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2460 OF 2025
Rohit Balu Kajale … Applicant
Versus
The State of Maharashtra … Respondent
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH
KAMBLE ________________________________________________________
KAMBLE Date: 2026.01.16
15:35:01 +0530
Mr.Aryan K. Kotwal a/w Mr.Tarag Sayed and Mr.Anish Pereira i/b
Mr.Taraq Sayed, for the Applicant.
Mr.M.G. Patil, APP for Respondent-State.
Mr.Datta Shedage, PSI, Kamshet Police Station.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 13th JANUARY, 2026
P.C. :
. By this Application, Applicant is seeking regular bail in Crime
No. 36 of 2025 registered with Kamshet Police Station, Pune, for the
offences punishable under Sections 8(c) and 22(b) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (‘NDPS’ for short).
2. It is prosecution’s case that on 7 th February 2025 acting on secret
information, Police conducted raid at the house of the Applicant, and in
personal search of the Applicant, Police have recovered 20.680 kg
mephedrone.
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2-BA-2460-2025.doc
N.S.Kamble
3. It is contention of learned counsel for the Applicant that the
Applicant is behind bar for more than 11 months. Investigation is
completed and charge-sheet has been filed. The Applicant has no criminal
antecedents. There is no progress in trial and requested to allow the
Application.
4. It is contention of learned APP that, the Applicant has
antecedents. The mephedrone was recovered in his personal search. If the
Applicant released on bail, he may abscond or threaten prosecution
witnesses, and requested to reject the Application.
5. I have heard both learned counsel. Perused charge-sheet and
documents produced on record.
6. The mephedrone recovered from the possession of the Applicant
is of intermediate quantity. The Applicant is behind bar for around 11
months. There is no progress in trial, considering these facts, I pass
following order.
ORDER
(i) The Applicant-Rohit Balu Kajale be released on bail
in Crime No. 36 of 2025 registered with Kamshet Police
Station, Pune, on furnishing PR bond of Rs.25,000/- with one
or two solvent sureties in the like amount.
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2-BA-2460-2025.doc
N.S.Kamble
(ii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.
(iv) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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