Bombay High Court
NIJAMUDDIN NISAR KHANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NEELA KEDAR GOKHALE
Holding
Bail was granted to the applicant as the evidence against him was insufficient and charges had not been framed.
Summary
The applicant, Nijamuddin Nisar Khan, was arrested as Accused No.4 in a narcotics case involving alleged possession and sale of Mephedrone, based solely on statements of co‑accused and alleged bank credits from an absconding co‑accused. No contraband was recovered from him and charges had not yet been framed. The applicant sought bail after a Special Judge denied it. The State argued that bank deposits indicated his involvement, while the applicant contended there was no material linking him to the offence. The court observed that the co‑accused’s statement is not admissible against the applicant, the bank transactions were unconnected, and the prolonged pre‑charge custody warranted relief. Consequently, the court granted bail with standard conditions.
Issues considered
- Whether bail can be granted when the sole basis of arrest is the statement of a co‑accused and uncorroborated bank transactions.
- Whether the absence of framed charges and prolonged pre‑trial custody justify bail under the NDPS Act and the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- Bharatiya Nyaya Sanhita
- co‑accused testimony
- bank transactions
- charges not framed
- pre‑trial custody
Judgment
Prasad Rajput
(P.A.) 17_BA_4247_2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4247 OF 2025
Nijamuddin Nisar Khan …Applicant
Versus
State of Maharashtra …Respondent
Mr. Dilip Rajbhar a/w Kamlesh Satre, for the Applicant.
Ms. Anuja S. Gotad, APP for the Respondent - State.
PSI – Avinash Darade a/w Vaibhav Khade, D.N. Nagar Police
Station, Mumbai, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 17TH FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R. No. 275 of 2025
dated 19th February, 2025 registered with the D.N. Nagar
Police Station, for offences punishable under Sections 8(c),
22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short ‘NDPS’) and Section 111 of
the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). There are in all
four accused persons involved in the present offence. The
Applicant is Accused No.4.
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Prasad Rajput
(P.A.) 17_BA_4247_2025.doc
2. The brief facts of the case are that the police
officials of the D.N. Nagar Police Station, while on patrolling
duty, received information from a secret source that one
Mohammed Asif Abdul Gani Maniyar would be coming to
Hotel Prime (now Hotel Merry Gold) to sell contraband.
Acting upon the information, the police conducted a raid at
the said hotel room and apprehended the said person. He was
found in possession of commercial quantity of Mephedrone.
60 grams of Mephedrone was recovered from his person.
During further interrogation, Accused No.1 revealed the name
of Accused No.2. No recovery was effected from Accused
No.2. Thereafter, Accused No.2 disclosed the name of Accused
Nos.3 and 4 and consequently, Accused Nos.3 and 4 were
arrested.
3. The Applicant made an application seeking bail
before the Special Judge (NDPS), Brihanmumbai. However, by
order dated 15th October, 2025, the said application was
rejected. Hence, the Applicant has filed the present Bail
Application for the relief as prayed.
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Prasad Rajput
(P.A.) 17_BA_4247_2025.doc
4. Mr. Rajbhar, learned counsel for the Applicant,
submits that no recovery has been made from the present
Applicant and that he has been arrested only on the statement
of the co-accused. He submits that save and except the
disclosure statement of the co-accused, there is no material on
record to demonstrate the complicity of the present Applicant
in the alleged offence. He submits that the Applicant has been
in custody since 21st April, 2025 and charges have not yet
been framed. He therefore prays that the Applicant be
enlarged on bail.
5. Ms. Gotad, learned APP representing the State,
fairly concedes that there are no antecedents against the
present Applicant. However, she points to the bank statements
of the Applicant, which reflect that various amounts have
been credited to his account by one Faizal, a co-accused who
is still absconding. She submits that these bank transactions
clearly indicate the involvement of the present Applicant in
the alleged offence and therefore, the Bail Application be
rejected.
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Prasad Rajput
(P.A.) 17_BA_4247_2025.doc
6. I have heard learned counsel for the respective
parties and perused the record of the case with their
assistance.
7. Admittedly, the present Applicant is arrested solely
on the statement of the co-accused. No contraband has been
recovered from his possession. The statement of the co-
accused is not admissible in law insofar as the Applicant is
concerned. Insofar as the bank transactions are concerned,
there is no material available to connect the said credits in
Applicant’s account and the alleged offence albeit because the
said deposits are being made by the absconding co-accused.
Furthermore, the charges have not yet been framed, and the
Applicant is in custody since 21st April, 2025.
8. In view of the aforesaid circumstances, I am
inclined to enlarge the Applicant on bail. It is accordingly
ordered as under:-
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Prasad Rajput
(P.A.) 17_BA_4247_2025.doc
ORDER
i) 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 amount;
ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
iii) The Applicant shall also attend the Police
Station concerned once in a month between 11:00
a.m. to 02:00 p.m., till the charges are framed;
iv) If the Applicant holds a passport, he shall
deposit the same with the Police Station concerned;
v) The Applicant shall not leave India, without
the permission of the Trial Court;
vi) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
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Prasad Rajput
(P.A.) 17_BA_4247_2025.doc
vii) The Applicant shall inform his latest place of
residence and contact number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the Police Station concerned;
viii) The Applicant to co-operate with the conduct
of the trial;
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
10. 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 by the observations made herein.
(DR. NEELA GOKHALE, J)
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