CHAVAD S/O MAANSING RAJPUTversusTHE STATE OF MAHARASHTRA

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rsk

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION


                        BAIL APPLICATION NO.3274 OF 2026

      Chavad S/O Maansing Rajput                                .. Applicant
                 Versus
      The State of Maharashtra                                  .. Respondent

                                 ....................
       Mr. Ali Kashif Khan Deshmukh a/w. Ms. Snigdha Khandelwal, Mr.
        M. Farid Shaikh, Mr. Jafar Khan, Mr. Tauqeer Alam and Mr. Abrar
        Burondkar, Advocates for for Applicant.
       Mr. Yogesh Y. Nakhawa, APP for Respondent.
       Mr. K. P. Jadhav, Narcotic Cell 1, Crime Branch, Pune City
                                      ...................

                                     CORAM : MILIND N. JADHAV, J.
                                     DATE          : AUGUST 25, 2026
      P.C.:

      1.      Heard Mr. Deshmukh, learned Advocate for Applicant and Mr.

      Nakhawa, learned APP for Respondent.


      2.      This is an Application under Section 483 of Bharatiya Nagarik

      Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.841 of

      2023 registered with Kondhwa Police Station for offences punishable

      under Sections 8(c), 17 (C), 29 of the Narcotic Drugs and Psychotropic

      Substances Act, 1985.


      3.      The applicant is arraigned as an accused in the NDPS offence.

      Accused No.1 has named the other two accused persons as having

      received contraband from him when he was apprehended in a public

      place. On the basis of the statement given by accused No.1, accused


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No.2 and 3 were apprehended and even according to the prosecution’s

nivedan panchanama appended at page 144, it is prima facie seen that

the alleged contraband     of 2.62 gms was recovered from both the

accused persons.


4.   Learned Advocate Khan Deshmukh has referred to and relied

upon the order passed below Exhibit 1 in Criminal Bail Application

No.5712 of 2023, inter alia with regard to enlargement on bail of

accused No.3. The finding recorded in that order in paragraph 6 is

relied upon by Mr. Khan Deshmukh for seeking parity for the present

Applicant. Even otherwise the applicant is in custody for the past 3

years, since his date of arrest on 19 August 2023, pending trial


5.   Learned prosecutor would vehemently argue that considering

the recovery of commercial quantity of contraband from the sack

which belonged to the accused No.3, mandatory conditions under

Section 37 that he shall not re-offend himself needs to be satisfied.

Undoubtedly learned prosecutor may be right but keeping the accused

in custody forever without any trial commencing or, for that matter

concluding in the near future cannot be allowed. Hence, I am inclined

to enlarge the applicant on bail on the ground of his long incarceration

for 3 years.


6.   Considering the aforesaid, Applicant has made out case for grant

of bail. He is granted bail subject to following conditions:-


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i)    Applicant is directed to be immediately released from

      prison in connection with Crime No. 841 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 surety of the like amount;


iii) Applicant shall report to the Investigating Officer at

      Kondhwa Police Station, once every month on the first

      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



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                                      time to time, as applicable; and

                        viii) Any infraction of the conditions shall entail cancellation

                                      of bail granted to the Applicant.

      7.      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.


      8.      Bail Application is allowed and disposed of in the above terms.



rsk                                                                  [ MILIND N. JADHAV, J. ]


                   Digitally signed
      RAVINDRA by RAVINDRA
               MOHAN
      MOHAN    AMBERKAR
      AMBERKAR Date: 2026.08.25
                   20:40:52 +0530




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