RAUNAK RAHUL KHANDELWALversusTHE STATE OF MAHARASHTRA

P.H. JAYANI                                               12 BA3486.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 3486 OF 2026

Raunak Rahul Khandelwal                                   …. applicant
      V/s.
The State of Maharashtra                                 …Respondent


Mr. Aabad Ponda, Sr. Advocate a/w. Ms. Pushpa Ganediwala,
Mr. Ayaz Khan, Mr. Bhushan Shinde, Mr. Ishan Agrawal,
Mr.Pradyumna Agrawal and Mr. Anshu Agrawal i/b. Tenax Legal
LLP for the applicant.
Mr. Tanveer Khan, APP for the Respondent – State (through VC).
Mr. Mahale, PI, IO and Ms. Pradnya Kalgukar, ASI, Vanrai Police
Station, present.


                            CORAM:        SHYAM C. CHANDAK, J.
                            DATED :       22nd SEPTEMBER, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        The present Application seeking release of the applicant on
bail in Cr.No.228/2026 registered with Vanrai Police Station,
Mumbai for the offences punishable under Sections 105, 123, 125,
125(b), 223(b), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023
(“BNS”) r/w. Section 65 of the Maharashtra Prohibition Act, 1949
and Sections 8(c), 22 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (“NDPS”) on the report dated
13.04.2026 filed by Mr. Rahul Hankare, PSI, Vanrai Police
Station.

3.        In brief, the prosecution story is that, on 11.04.2026, there
was a music concert (“concert”) at NESCO Exhibition Centre Hall
No.5, Goregaon (E), Mumbai. The applicant, one Sheetal Salvi, her
friend Shreya Rai and around 25 other college students decided to

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P.H. JAYANI                                             12 BA3486.2026.DOC



attend the said concert. The concert was organised by co-accused
Akash Samal and Sunny Jain, the organizer of NESCO Goregaon,
Mumbai. There, the applicant-Raunak Khandelwal gave a ecstasy
pill to Sheetal, which the latter consumed. Shreya also took a
similar pill. The investigation with applicant revealed that the
yellow ecstasy pill which he had given was a scheduled drug under
NDPS Act. However, he gave that pill to Sheetal Salvi. While
dancing in the crowd, both Sheetal Salvi and Shreya Rai suddenly
felt difficulty in breathing and dizziness which led their friends to
admit them to Trauma hospital.

3.1      One Bismat Singh Amarjit Singh Bhasin, aged 28 years,
(Bismat Singh) had also attended the concert, where, he had
consumed alcoholic beverage. After the music concert ended,
Bismat Singh felt unwell and therefore, he was brought to Lifeline
Medicare Hospital for treatment, where, he eventually passed
away. On 12/04/2026, at about 13.24 hrs, Vanrai police station
received a message from Mr. Ghangav, PSI, attached to Azad
Maidan police station, Mumbai that Shreya Rai had expired while
undergoing medical treatment at Bombay Hospital and Sheetal
Salvi was admitted in I.C.U. Accordingly, Accidental Death Report
Nos. 20 and 21 of 2026 were registered and enquiry was
conducted.

3.2      The said crime was registered against the applicant and the
co-accused for allegedly providing the ecstasy tablet for
consumption and thereby knowingly permitting, facilitating and
carrying of the said narcotic substance inside the concert which
ultimately led to the death of Bismat Singh and Shreya Rai and
serious injury to Sheetal Salvi. The trial court declined the
applicant from being released on bail. Hence, this bail application.


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P.H. JAYANI                                               12 BA3486.2026.DOC



4.       Mr. Ponda, the learned Senior Counsel for the applicant
submitted that there is no material against the applicant to attract
the charge of the offence u/S. 105 of the BNS. As alleged, the
applicant had supplied in all 14 pills of the contraband substance
MDMA (ecstasy) weighing 8 to 9 grams to his co-students present
in the concert. In any case, it is an intermediate quantity.
Therefore, bar under Section 37 of the NDPS Act is not attracted.
Since the investigation is over, therefore, further detention of the
applicant is not required. This entitles the applicant for bail.

5.       In reply, Mr. Khan, the learned APP submitted that at the
relevant time, the applicant along with Pratik Pandey and witness
Sheetal Salvi had created a whatsapp group and through that
group, the applicant had called for the demands for the said drug
from his co-students who were the members of the whatsApp
group. The applicant then collected money from those who were
willing to purchase and consume the drug. Further, the applicant
paid that money to co-accused Anand Patel and obtained the pills
from co-accsued Ayush Sahitya through co-accused Pratik Pandey,
Vinit Gerelani and Shubh Agrawal.            Ultimately, the pills were
distributed amongst the co-students/members of the whatsApp
group. He submitted that total 933 such pills weighing 435 grams
were recovered from Ayush Sathiya. Also,from house of Vinit
Agrawal, such tablets weighing 3.5 grams were recovered. Thus,
there is a prima facie case against the applicant of having
committed this offence and he is not entitled for bail.

6.       I have considered these submissions in the light of the
material before me. It revealed that prima facie, the applicant had
procured the drug pills as alleged by the prosecution However, it
is not the case that the applicant was habitually dealing in the


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P.H. JAYANI                                             12 BA3486.2026.DOC



contraband substance. On the contrary, it appears that, the
applicant and his co-students only wanted to consume that drug
while enjoying the music concert. However, there is nothing on
record based on which it may be said that the applicant knew that
by consuming that pill one may die or he had intended such a
consequence upon consumption of the pill by any of his co-
students. Secondly, it is not alleged that the applicant had supplied
that drug pill to the deceased Bismat Singh. Moreover, nothing is
pointed from the record to blame the applicant for consumption of
that pill alongwith or after consuming alcohol by the victims.
Consequently, at this stage, it would be a far fetched view that the
applicant had intended that, said drug be consumed by the
deceased and others alongwith or mixing it with alcohol.
Therefore, whether the applicant is liable for the offence of Section
105 of BNS is a question of trial.

6.1      It is a matter of record that maximum, the applicant may be
liable for procuring intermediate quantity of the contraband. Said
offence is punishable with imprisonment upto 10 years. Therefore,
the rigors of Section 37 of NDPS is not applicable to this case.
Since the investigation is over, further detention of the applicant
in jail will not serve any purpose. Considering the volume of the
evidence collected during the course of investigation, it appears
that the trial of this case will not be over in a foreseeable future.
The co-accused who were charged for the same offence with more
or less similar allegations are granted bail. The applicant has no
criminal antecedents. He is the permanent resident of the given
address. He is not likely to repeat the offence.

7.       In the wake of the above, I am inclined to release the
applicant on bail. Hence, following Order :-


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P.H. JAYANI                                                  12 BA3486.2026.DOC


         (i)    The applicant - Raunak Rahul Khandelwal be released
         on bail in Cr.No.228/2026 registered with Vanrai Police
         Station, Mumbai        for the offences punishable under
         Sections 105, 123, 125, 125(b), 223(b), 61(2), 3(5) of the BNS
         r/w. Section 65 of the Maharashtra Prohibition Act and
         Sections 8(c), 22 and 29 of the NDPS Act, on his executing
         P.R. Bond in the sum of Rs.50,000/- with one or two
         sureties in the like amount.

         (ii)   The applicant shall mark his attendance at Vanrai
         Police Station, Mumbai once in a month between 11:00 a.m.
         to 2:00 p.m. till conclusion of the trial.

         (iii) The applicant shall regularly attend the proceedings
         before the jurisdictional Court unless exempted by the said
         Court, for the reasons to be recorded in writing.

         (iv)   The applicant shall not indulge in identical activities
         for which he has been arraigned in this case.

         (v)    The applicant shall not tamper with the prosecution
         evidence and shall not directly or indirectly influence the
         prosecution witnesses to prevent them from deposing
         against him.

         (vi)   On being released from jail, the applicant shall
         furnish his contact number and residential address to the
         Investigating Officer and shall keep him updated in case
         there is any change.

         (vii) It is clarified that any observation made in the present
         Order are for the purpose of deciding the present Bail
         Application and should not influence the outcome of the

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                      P.H. JAYANI                                                   12 BA3486.2026.DOC


                               trial and also not be taken as an expression of opinion on
                               the merits of the case.

                      8.       At this stage, as requested by Mr. Ponda, the learned Senior
                      Counsel, the applicant is granted four weeks time to furnish the
                      surety. Till then, the applicant be released on bail on his executing
                      a P.R. Bond in the sum of Rs.50,000/- and depositing a sum of
                      Rs.50,000/- in lieu of furnishing the surety. On furnishing such
                      surety/ies, the amount of Rs.50,000/- deposited by the applicant
                      shall be returned.

                      9.       Bail Application stands disposed of in aforesaid terms.



  PREETI
  HEERO                                                                (SHYAM C. CHANDAK, J.)
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.23
19:13:24 +0530




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