Bombay High Court

JIA RACHEL JACOBversusTHE STATE OF MAHARASHTRA

Decided: 1 October 2026
Disposal: Disposed Off

Holding

The Court granted bail to all three applicants, subject to the stipulated conditions.

Summary

The High Court considered bail applications filed by Pratik Brijesh Pandey, Pradeep Gupta and Jia Rachel Jacob, 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 pending trial. The Court, after recording reasons separately, granted bail to all three applicants subject to a personal bond of Rs.1,00,000 with sureties and a series of conditions including monthly police attendance, residence restrictions, and non‑interference with evidence or witnesses. Specific attendance locations were prescribed for each applicant. The order clarified that the bail conditions do not prejudice the trial's merits. The bail applications were therefore allowed.

Issues considered

What is the appropriateness of granting bail to the accused under the specified statutory provisions?
Whether the conditions imposed are sufficient to ensure the accused's attendance and prevent tampering with evidence?

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
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


                           Page 1 of 3
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
                                Page 2 of 3
                      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
                                                       Page 3 of 3

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