Bombay High Court
AKASH @ SUNNY BHUPAT DASversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- R M JOSHI
Holding
Bail is granted to the applicant subject to the stipulated conditions.
Summary
The High Court considered a bail application filed by Akash @ Sunny Bhupat Das, who was charged under Sections 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 100 grams of mephedrone. The applicant argued that a co‑accused, against whom 60 grams were seized, had been granted bail on the basis of a long period of pre‑trial detention and lack of prior criminal record, and that the same reasoning should apply to him. The State opposed bail, emphasizing the larger quantity of drug recovered from the applicant. The Court examined the precedent of the earlier bail order (Criminal Bail Application No. 3361 of 2025) and found no material distinction, noting the applicant’s clean record and the principle of equality. Consequently, the Court granted bail on the condition of a Rs 50,000 personal bond, sureties, monthly police reporting, and other standard restrictions. The application was allowed and the matter disposed.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when 100 grams of mephedrone have been seized.
- Whether the prior grant of bail to a co‑accused with a lesser quantity and similar circumstances mandates a similar grant to the applicant.
- Whether the applicant’s lack of criminal history and length of pre‑trial detention justify bail despite the nature of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- mephedrone
- criminal procedure
- pre‑trial detention
- surety
- court order
Judgment
26-BA-58-2026
Navnath Waghmare (P.A)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 58 OF 2026
Akash @ Sunny Bhupat Das …Appellant
Versus
State of Maharashtra …Respondent
Mr. Kamlesh Satre for the Applicant.
Mr. Hitendra J Dedhia APP for the Respondent-State
ANC Bandre ADI Shrikant Kark
CORAM: R. M. JOSHI, J.
DATED: 04th MARCH, 2026
PC:-
1. The Applicant seeks his release on bail in connection with
CR No. 37 of 2024 dated 31.06.2024 registered with ANC, Bandra
Mumbai for the offences punishable under Sections 8(c) and 29 of
the Narcotic Drugs and Psychotropic Substances act, 1985, ( for
short ‘NDPS, Act’)
2. Learned counsel for the applicant submits that co-accused
against whom there is seizure of 60 Grams of Mephedrone
recovered from him. However, the bail is granted by this Court on
14th October 2025, it is submitted that bail is granted only for the
reason that co-accused was arrested on 30.06.2024 and he is in jail
for a period of 1 year and 5 months. It is further submitted that
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since there is identical role attributed to the present applicant, as
he has no criminal history behind him, this is a fit case for grant for
bail.
3. Learned counsel for the APP opposed the application
contending that the quantity is recovered at the instance of
accused is 60 grams of Mephedrone, whereas 100 grams of
Mephedrone is recovered from the present applicant.
4. Prima-facie, perusal of the impugned order passed by this
Court in the case of 3361 of 2025 indicates that the bail was
granted only for the reason of incarceration of 1 year and 5
months after his arrest on 30.06.2024. Whereas present applicant
who is arrested on the same day in the same crime, and he is in
jail for a period of 2 years. There is no criminal history behind him,
having regard to the facts of the case there is no reason to take any
different view than the one by the co-ordinate bench of this Court.
pertinantly, inspite of the fact that said order of bail to co-accused
has been passed on 14.10.2025, till date no exception is taken to
it before the Supreme Court.
5. Hence, following order.
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;
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ii) The Applicant is permitted to furnish provisional cash bail of
Rs. 50,000/- for his release immediately and file undertaking
that he will provide one or two sureties in the like amount of
Rs. 50,000/- within a period of four weeks after his release,
which shall be accepted by the Trial Court. The Applicant
shall provide the sureties as directed;
iii) The Applicant shall attend the police station concerned once
in a month, till the charges are framed.
iv) The Applicant shall attend the Trial Court concerned on each
and every date as directed, till the conclusion of the trial,
save and except if the Applicant is exempted from
appearance by orders of the Trial Court;
v) If the Applicant has not deposited his passport, the applicant
shall deposit the same with the concerned police station;
vi) The Applicant shall not leave India, without permission of
the trial Court;
vii) The Applicant shall not tamper or attempt to influence or
contact the complainant, witnesses or any person concerned
with the case;
viii) The Applicant shall inform his latest place of residence and
mobile contact number immediately after being released and
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/ 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 concerned Police Station;
ix) The Applicant to co-operate with the conduct of the trial;
x) Any infraction of the aforesaid shall entail cancellation of
bail.
6. Application is allowed in the above terms and is accordingly
disposed of.
7. It is made clear the observations made herein are prima-
facie and are confined to this Application and the Trial Judge to
decide the case on its own merits, uninfluenced by the
observations made herein.
(R. M. JOSHI, J.)
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