Bombay High Court
SAMEER RAJESH BASOPIYAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- R M JOSHI
Holding
Bail was granted to the applicant on parity, subject to a personal bond and specified conditions.
Summary
The applicant, Vasant Anandrao Idhol, was arrested for alleged violations of Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after 70 grams of contraband were seized from him on 23 October 2024. He has been in custody since 10 December 2022 and seeks bail on the basis of parity with a co‑accused who was released on bail after 80 grams were seized from that person. The State opposed bail, citing the applicant’s prior conviction under Section 324 of the Indian Penal Code. The Court held that the antecedent was for a different offence, the trial was unlikely to conclude quickly, and the principle of parity justified bail, subject to strict conditions. Accordingly, the Court ordered the applicant’s bail to be enlarged on a personal bond of Rs 50,000 with sureties and imposed several reporting and conduct conditions. The application was allowed and the bail order was entered.
Issues considered
- Whether bail should be granted to the accused in NDPS offences despite the seriousness of the charge and a prior conviction under the IPC.
- Whether the principle of parity with a co‑accused who was granted bail applies in this case.
Legislation cited
- Indian Penal Code, 1860 — s. 324
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- parity
- antecedent conviction
- criminal procedure
- personal bond
- court conditions
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL
CRIMINAL BAIL APPLICATION NO.3596 OF 2025
Digitally signed
by VASANT
ANANDRAO
IDHOL Sameer Rajesh Basopiya ...Applicant
Date: 2026.03.10
13:14:39 +0530 V/s.
State of Maharashtra ...Respondent
Mr.Tabis Salim Shaikh i/b Adv.Sherali S. Khan for the
Applicant.
Mrs.Veera Shinde, APP for the State – Respondent.
Mt.Amit Ghogare, PSI, Worli Police Station present in Court.
CORAM : R.M. JOSHI, J.
DATE : 9TH MARCH, 2026.
P.C. :-
1. This Application is for enlargement on bail of the
Applicant in Crime No.100 of 2023 registered with ANC Worli
Police Unit, Bombay for the offences punishable under Sections
8(c), 22 (c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS Act).
2. There is no dispute about the fact that on 23 rd October,
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2024 in the incident in question, the contrabands were seized
from two accused persons. From the co-accused, there is
recovery of 80 gms., whereas from the present Applicant, 70
gms. of contraband was seized.
3. Learned counsel for the Applicant submits that from
10th December, 2022, the Applicant is in jail. He seeks bail on
parity as the co-accused from whom 80 gms. of contraband was
recovered is enlarged on bail by this Court by order dated 1 st
October, 2025 passed in Bail Application No.64 of 2025.
4. Learned APP opposed the application, by contending
that there are antecedents against the Applicant and one crime is
registered being Crime No.293 of 2018 for the offence
punishable under Sections 324 of IPC.
5. There is no dispute about the fact that in the said
incident, the contraband was seized from the co-accused No.1
and 2. From accused No.1 80 grms of contraband was seized
whereas 70 grms. of contraband is seized from the the present
Applicant. This Court by an order dated 1 st October, 2025 has
granted bail to the Applicant No.1. Insofar as the antecedent is
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concerned, the same is in respect of the offence under Section
324 of IPC and not similar offence, as alleged herein. The
Applicant is in jail since 10th December, 2023. The trial is not
likely to be concluded in short period of time. Apart from this,
on parity also the Applicant is entitled for the bail. Hence the
following order :
ORDER:
a). The Applicant be enlarged on bail on executing PR
bond in the sum of Rs.50,000/- with one or two local sureties in
the like manner.
b). The Applicant shall attend the Trial Court concerned
on each and every date unless exempted by the orders of the
Trial Court concerned.
c). The Applicant also attend the concerned Police Station
once a month on the first Saturday of every month between
11:00 a.m. to 2:00 p.m. till the charges are framed.
d). If the Applicant has not deposited his passport, the
Applicant shall deposit the same with the concerned Police
Station.
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e). The Applicant shall not leave India, without the
permission of the Trial Court.
f). The Applicant shall not tamper or attempt to influence
or contact the complainant, witnesses or any person concerned
with the case.
g). The Applicant shall inform his latest place of residence
and mobile number immediately after being released and / or
change of residence or mobile details, if any, from time to time
to the Court seised of the matter and to the Investigating Officer
of the concerned Police Station.
h). The Applicant to co-operate with the conduct of the
trial.
i). Any infraction of the aforesaid conditions shall entail
cancellation of bail.
6. The Application is allowed in above terms and is
accordingly disposed of.
7. It is made clear that the observations made herein are
prima-facie and are confined to this Application and the learned
Trial Judge to decide the case on its own merits, uninfluenced
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by the observations made herein.
(R.M. JOSHI, J.)
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