Bombay High Court
PRADEEP GUPTAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the bail applications and released the accused on bail subject to the stipulated conditions.
Summary
The High Court considered bail applications filed by Pratik Brijesh Pandey, Jia Rachel Jacob and Pradeep Gupta, who were arrested in connection with offences under the Bharatiya Nyaya Sanhita, 2023, the Maharashtra Prohibition Act, 1949 and the NDPS Act, 1985. The applicants sought release on bail pending trial. The Court examined the nature of the charges, the risk of the accused tampering with evidence or influencing witnesses, and the applicants' willingness to comply with strict conditions, including surety, attendance at the police station, residence restrictions and non‑engagement in similar activities. Satisfied that the conditions would mitigate any risk, the Court granted bail to all three applicants subject to detailed conditions. The order also provided for a four‑week period for one applicant to furnish surety and clarified that the bail order does not prejudice the trial's merits.
Issues considered
- Whether bail should be granted to the accused persons charged under Sections 105, 123, 125, 125(b), 223(b), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 65 of the Maharashtra Prohibition Act, 1949 and Sections 8(c), 22 and 29 of the NDPS Act, 1985.
- Whether the conditions imposed are sufficient to ensure the accused do not tamper with evidence, influence witnesses, or commit further offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 123, 125, 125(b), 223(b), 3(5), 61(2)
- Maharashtra Prohibition Act, 1949 — s. 65
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22, 29, 8(c)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- NDPS Act
- Maharashtra Prohibition Act
- surety
- attendance conditions
- non‑residence restriction
- evidence tampering
Judgment
P.H. JAYANI 03 BA3704.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3704 OF 2026
Pratik Brijesh Pandey …. Applicant
V/s.
The State of Maharashtra …Respondent
WITH
BAIL APPLICATION NO. 3914 OF 2026
Ms. Jia Rachel Jacob …. Applicant
V/s.
The State of Maharashtra …Respondent
WITH
BAIL APPLICATION NO. 3762 OF 2026
Mr. Pradeep Gupta …. Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Aabad Ponda, Sr. Advocate a/w. Ms. Pushpa Ganediwala,
Ms. Namita Maneshinde, Adv. Anandini Fernandes, Ms. Trusha
Chowbe, Mr. Bhushan Shinde, Adv. Anshu Agrawal and
Mr. Pradyumn Agrawal for the Applicant in BA/3704/2026.
Ms. Sakshi Mane for the Applicant in BA/3762/2026.
Mr. Vijay Patil, Sr. Advocate a/w. Mr. Kuldeep Jain and
Mr. Vivek Rane for the Applicant in BA/3914/2026.
Ms. Kranti Hiwrale, APP for the Respondent – State in
BA/3704/2026.
Mr. Vinit Kulkarni, APP for the Respondent – State in
BA/3762/2026.
Mr. R.M. Pethe, APP for the Respondent – State in
BA/3914/2026.
Mr. Mahesh Mahale, PI, Vanrai Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 1st OCTOBER, 2026
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P.H. JAYANI 03 BA3704.2026.DOC
P.C. :-
1. For the reasons to be recorded separately, BA/3704/2026,
BA/3762/2026 and BA/3914/2026 are allowed and, following
Order is passed :-
(i) The applicants – Mr. Pratik Brijesh Pandey,
Mr. Pradeep Gupta and Ms. Jia Rachel Jacob be released on
bail in connection with 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) and 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 their executing a P.R.
Bond in the sum of Rs.1,00,000/- each with one or two
sureties in the like amount.
(ii) Applicants - Pratik Brijesh Pandey and Ms. Jia
Rachel Jacob shall mark their 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) As voluntarily undertaken by the applicants - Mr.
Pradeep Gupta and Ms. Jia Rachel Jacob, during the bail
period, these applicants shall not enter or reside in Mumbai,
Thane, and Raigad Districts till the conclusion of the trial.
However, the applicants - Mr. Pradeep Gupta and
Ms. Jia Rachel Jacob are permitted to enter the said
districts but only to attend the criminal cases pending
against them in the said district(s) including the present
case.
The learned Counsel for the applicant states that
during the bail period, applicant Mr. Pradeep Gupta would
stay at Pune. Therefore, this applicant Mr. Pradeep Gupta
shall mark his attendance at the office of DRI,
Pune/Customs Pune, on the 1st day of a month, between
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P.H. JAYANI 03 BA3704.2026.DOC
11:00 noon to 4:00 p.m., till the conclusion of the trial.
(iv) The applicants shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
(v) The applicants shall not indulge in identical activities
for which they have been arraigned in this case.
(vi) The applicants shall not tamper with the prosecution
evidence and shall not directly or indirectly influence the
prosecution witnesses to prevent them from deposing
against them.
(vii) On being released from jail, the applicants shall
furnish their contact number and residential address to the
Investigating Officer and shall keep him updated in case
there is any change.
(viii) In case of breach of aforesaid conditions, the
Respondent(s) will be at liberty to seek cancellation of bail
from the trial Court.
(ix) It is clarified that any observation made in the present
Order are for the purpose of deciding the present Bail
Applications and should not influence the outcome of the
trial and also not be taken as an expression of opinion on
the merits of the case.
2. At this stage, as requested by Ms. Ganediwala, the learned
Counsel, the applicant – Pratik Brijesh Pandey 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.1,00,000/- and depositing a sum of Rs.1,00,000/- in lieu of
furnishing the surety. On furnishing such surety/ies, the amount
of Rs.1,00,000/- deposited by the applicant shall be returned.
PREETI
HEERO (SHYAM C. CHANDAK, J.)
JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.10.01
18:29:29 +0530
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