MANOJ 903-BA-1936-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1936 OF 2026 Ashrful Sadeek Ali Tarafdar …Applicant V/s. The State of Maharashtra …Respondent Mr. Nilesh S. Bangar, for the Applicant. Mr. T. G. Khan, APP for the Respondent-State. CORAM: SHYAM C. CHANDAK, J. DATED : 8th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Applicant seeks his release on bail in connection with an FIR bearing Cr.No.342 of 2025, registered with Neharu Nagar Police Station, Mumbai for the offence punishable under Sections 8(c), 21(b), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 (“NDPS Act”), on the Report dated 15th July, 2025, lodged by Mr. Chhabu Tadage - Police Constable. 3. The prosecution case is that on 14th July 2025, at about 19.30 hours, while the police team including the informant was patrolling, near Mother Dairy Road, Kurla, accused No.1 and the applicant were present there, near the traffic signal at S.C.L.R. Bridge and, they were hiding something in their hands. Therefore, A1 and the applicant were accosted and inquired with by police. They gave evasive replies. One bag each held by the A1 and the applicant were searched in the presence of panchas. Eight (8) bottles containing Codeine Phosphate Based Cough Syrup were found in the bag in the possession of A1 and Eleven (11) such bottles were found in the bag WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.09 18:54:50 +0530 MANOJ 903-BA-1936-2026.DOC in the possession of the applicant. Said contraband bottles were seized, recording a detailed panchanama. Accordingly, aforesaid crime came to be registered and, both the accused were arrested. On completion of investigation, police submitted the charge-sheet. The trial Court declined the applicant’s prayer for bail. 4. Mr. Bangar, learned counsel for the applicant submitted that A1 has been released on bail by the Sessions Court. The applicant is in jail for more than one year. Therefore, applicant is entitled to be released on bail on the principle of parity and the incarceration. 5. Opposing the said submission, Mr. Khan, the learned APP submitted that no parity is applicable in this case, because, A1 was found in possession of intermediate quantity and present applicant was found in possession of commercial quantity. The applicant has not shown that prima facie, he is not guilty of this offence. Therefore and, having regard to rigours of Section 37 NDPS Act, bail may be refused. 6. I have considered these submissions. The present crime is committed by A1 and the applicant together. However, there is difference of three bottles between the A1 and the applicant. Be that as it may. The applicant is in jail for last 1 year. Till the date, charge is not framed. The prosecution has cited 12 witnesses. Therefore, trial is not likely to conclude in a foreseeable time. A1 is already released on bail. Applicant has no criminal antecedents. He is not likely to abscond and tamper with evidence. Stringent conditions will help in preventing the applicant from indulging in such activities. 7. In similar situation bail is granted in following cases by the Hon’ble Supreme Court. Page 2 of 4 MANOJ 903-BA-1936-2026.DOC In Anandbhai Rajendrabhai Vaniya v. State of Gujarat, Criminal Appeal No.859/2025 arising out of [SLP (Crl.) No.17042/2024], as alleged, the appellant was driving the car from which 995 bottles of RX Codeine Phosphate & Triprolidine Hydrochloride syrup were seized. The appellant had figured in eight cases, but, was discharged in five cases, acquitted in two cases and in the other remaining case, he was on bail. Taking into consideration the 17 months incarceration of the Applicant, the nature of allegations levelled against him and, the possibility of the trial not being concluded anytime soon, the Hon’ble Supreme Court released the appellant on bail. In MD Ezaz Afzal & Anr. v. State of W.B SLA (Crl.) 12419/2024, the petitioners were arrested on 10.12.2023 as 1920 bottles of codeine phosphate syrup were seized from them. The trial was not commenced. No witness was examined, though 14 were cited by the prosecution. Taking note of the quantity of codeine phosphate syrup allegedly involved in the case and, the period of incarceration (11 months) already undergone by the Petitioners, the Hon’ble Supreme Court released them on bail. 8. In the wake of above, I am inclined to allow the application. Hence, following Order:- (i) Applicant – Ashrful Sadeek Ali Tarafdar shall be released on bail in connection with an FIR bearing Cr.No.342 of 2025, registered with Neharu Nagar Police Station, Mumbai, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Neharu Nagar Police Station, Mumbai, on the 1st day of each calendar MANOJ 903-BA-1936-2026.DOC month between 12:00 noon to 4:00 p.m., till the conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail application 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. 9. Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)