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46-ba-198-26.doc
IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.198 OF 2026 Ramesh Narsihn Aitha .. Applicant Versus The State of Maharashtra .. Respondent .................... Ms Ashwini Achari a/w Mr. Taraq Sayed and Mr. Aryan Kotwal Advocates for Applicant. Ms Shilpa Talhar APP for State. ................… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 22, 2026 P.C.
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1. At the outset, Ms Achari, learned Advocate for the Applicant seeks leave to correct the name of father of the Applicant as “Narsihn”. Amendment to that effect is permitted to carried out in the Application. Amendment be carried out within one week from today. Reverification is dispensed with. 2. Heard Ms Achari, learned Advocate for Applicant and Ms Talhar, learned APP for Respondent-State. 3. By this Bail Application, Applicant is seeking enlargement on bail in C.R. No. 425 of 2023 registered with Nashik Road Police Station for the offences punishable under Sections 8 (c) r/w. 22 (c), 25, 27A and 29 of the NDPS Act, 1985. 4. The Applicant is arraigned as Accused No.21 in the present crime. Meera Jadhav 1 of 4 MEERA MAHESH JADHAV Digitally signed by MEERA MAHESH JADHAV Date: 2026.09.23 15:16:33 +0530
46-ba-198-26.doc The Applicant was already in custody at the time of commission of the crime and his statement was recorded qua his earlier crime in question, which has been used by the prosecution to indict him in the present crime. No specific role has been attributed to the Applicant neither any money trail has been shown, which reaches the door step of the Applicant before me. What is stated by the prosecution is that he had provided the formula for manufacture of the alleged contraband in question. To that extent there has to be a reasonable nexus which has to be shown by the prosecution. It is not so shown to me from the material collected. The Applicant is behind bars for 2 and ½ years without the trial commencing. Charge is also not framed. The ignominy of the Applicant in incarceration without trial is considered by the Court for granting bail to the Applicant in the present matter. 5.
In view of the above the following order is passed:- (i) Applicant – Ramesh Narsihn Aitha is directed to be immediately released from prison in connection with Crime No. 425 of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Nashik Road Police Station, once every month on the first Meera Jadhav 2 of 4
46-ba-198-26.doc Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made Meera Jadhav 3 of 4
46-ba-198-26.doc hereinabove in this order. 7. Bail Application is allowed and disposed of in the above terms. [ MILIND N. JADHAV, J. ] Meera Jadhav 4 of 4