54.BA.108.2025.doc HARSHADA H. SAWANT (P.A.) 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.108 OF 2025 Santosh Harilal Yadav .. Applicant Versus Union Of India .. Respondent ....................  Ms. Loachan Chandka (appearing through Video Conferencing) a/w. Mr. Rohan Hogde and Mr. Aaushal Sontakke, Advocates for Applicant.  Ms. Manisha Jagtap, Advocate for Respondent.  Ms. Rajeshree V. Newton, APP for State. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 24, 2026 P.C. : 1. Heard Ms. Chandka, learned Advocate for Applicant appearing through Video Conferencing and Ms. Jagtap, learned Advocate for Respondent. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Bail in connection with NCB/MZU/CR-01 of 2023 registered with Narcotics Control Bureau for offences punishable under Section 8(c) read with Section 21(c), 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the said Act’). 3. The present Application seeks bail for the Applicant who has been arrested on 02.02.2023 in NDPS case and the charge of the 1 of 4 54.BA.108.2025.doc prosecution is of having recovered the alleged contraband of 110 small boxes of Alprazolam tablets and 240 kg of Codeine Phosphate syrup in 20 carton boxes, which were loaded in a vehicle bearing number MH 46 BU 4295. 4. The Applicant before me is a delivery person who had booked the said Tempo through the online portal app for delivery. Driver of the vehicle, Alim Ahmed Shah has not been arrayed as an Accused who could have given the lead to the prosecution as to who had loaded the said alleged contraband. Charge against the Applicant before me is that he had unloaded the contraband substance on the said delivery having been received and the delivery having been given to him by the driver of the said vehicle. 5. Apart from the usual non-compliances, the long incarceration of the Applicant pending trial for more than 3 years and 4 months and the other co-accused persons having been released on bail and therefore considering parity and the ignominy of the trial not being completed in the near foreseeable future persuades me to consider the Application for grant of bail. 6. Considering the aforesaid, Applicant is released on bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. NCB/MZU/CR-01 2 of 4 54.BA.108.2025.doc of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Narcotics Control Bureau, once every month on the first Monday 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 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 3 of 4 54.BA.108.2025.doc of bail granted to the Applicant. 7. 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 hereinabove in this order. 8. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.24 15:05:47 +0530