Bombay High Court
ATUL SHANKAR BALGUDEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Atul Shankar Balgude, who was arrested for alleged offences under Sections 8(c), 22(b), 22(c) and 29 of the NDPS Act. The applicant, a farmer, argued that the police failed to serve a Section 50(1) notice before obtaining his confession, raising a procedural defect. The court noted his lack of prior criminal record, his age, the intermediate quantity of contraband seized, and that Section 37 of the NDPS Act (which makes certain offences non‑bailable) was not applicable. Weighing these factors, the judge found no reason to deny bail and ordered its grant subject to strict conditions. The order expressly limited its observations to bail and declined to comment on the merits of the underlying criminal case.
Issues considered
- What procedural defect arises from the failure to serve a Section 50(1) notice before the applicant's confession?
- Whether Section 37 of the NDPS Act renders the offences non‑bailable in this case?
- Whether the applicant's personal circumstances (age, occupation, lack of antecedents) justify granting bail despite the nature of the offences?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(b), 22(c), 29, 37, 50(1), 8(c)
Subjects
- bail
- NDPS Act
- Section 37
- Section 50(1) notice
- procedural defect
- agriculturist
- intermediate quantity
- criminal procedure
Judgment
7.BA.3731.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3731 OF 2026
Atul Shankar Balgude .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Chaitanya Mulawkar a/w. Mr. Nilesh Wagmode, Advocate for
Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 05, 2026.
P.C.:
1. Heard Mr. Mulawkar, learned Advocate for Applicant and
Mr. Nakhwa, learned APP for Respondent – State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R.
No.184 of 2026 registered with Hinjewadi Police Station for offences
punishable under Sections 8(c), 22(b), 22(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).
3. In the present case, Applicant claims to be an agriculturist.
He has been apprehended with the alleged contraband. However,
when he was apprehended, Section 50(1) notice notice was not issued
to him for the purpose of search. First Information Report (FIR) on
page No.23 prima facie states that when the police apprehended him
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and informed him about their identity, he himself on deeper
investigation, confessed to be carrying the alleged contraband. It is
only thereafter that the Section 50(1) notice has been issued to him,
which is prima facie evident from page 23.
4. Applicant is farmer and details and credentials of his family
members possessing agricultural land is produced before the Court.
Considering the age of Applicant and he being apprehended with
intermediate quantity of contraband and rigors of Section 37 of the
NDPS Act not being applicable and he having no antecedents,
considering the age of Applicant, I am inclined to accept the case of
Applicant for grant of bail.
5. 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 – Atul Shankar Balgude is directed to be
immediately released from prison in connection with
CR. No.184 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
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(iii) Applicant shall report to the Investigating Officer at
concerned Police Station, once every month, on the first
Monday 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
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conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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.
7. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.10.05
14:55:26 +0530
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