51.BA.2093.2026.doc Ajay 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. 2093 OF 2026 Umesh Suresh Wagh .. Applicant Versus State of Maharashtra .. Respondent ....................  Ms. Sana Raees Khan a/w. Mr. Jinay Jain and Mr. Parag Sawant, Advocates for Applicant.  Mr. Amit A. Palkar, APP for Respondent – State. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026. P.C.: 1. Heard Ms. Khan, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.425 of 2023 registered with Nashik Road Police Station, District Nashik for offences punishable under Sections 8(c), 22(c), 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS’). The First Information Report is filed on 07.09.2023 and Applicant came to be arrested on 12.12.2023. 3. Applicant in the present case is arraigned as Accused No.14. Out of the 23 accused persons, seven accused persons have already 1 of 5 51.BA.2093.2026.doc been enlarged on bail on the basis of their precise role as also long incarceration pending trial. The present Applicant is behind bars for the past 2 years 9 months. Charge is not framed. Hence the ignominy of the trial commencing or for that matter concluding in the near foreseeable future which I am inclined to consider the case of the Applicant. 4. On merits, case of the prosecution against Applicant is that he is charged with having supplied the alleged contraband to another co-accused person namely Accused No.6. However, by order dated 19.08.2026, Accused No.6 has already been enlarged on bail. 5. The act of the present Applicant having supplied the alleged contraband to Accused No.6 which has been recovered by the prosecution in the present case is on the basis of circumstantial evidence and there is no direct evidence. That apart, according to prosecution, Applicant was allegedly involved in transportation of the contraband. There is nothing prima facie brought before the Court to show the participation of the accused in the present crime, save and except the aforesaid circumstantial evidence. 6. Though the learned prosecutor tried to persuade me to consider the fact that after the accused was apprehended and arrested, he has led the prosecution to the house of his second wife where contraband powder of Mephedrone was recovered. I have perused the 2 of 5 51.BA.2093.2026.doc seizure panchanama appended at page No.67 of the Application and prima facie find that there is a dichotomy in identification of the alleged contraband which has been done merely on the basis of sense of smell by the raiding party. In view of the above, I am inclined to consider the case of Applicant for grant of bail. Undoubtedly the trial will determine the complicity of Applicant in the offence. 7. All questions pertaining to the prosecution case are otherwise expressly kept open. Considering that the trial has not yet concluded, Applicant’s prolonged incarceration is also taken into account. In any event, the parity is applicable to Applicant. Hence, the Applicant is enlarged on bail. 8. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Umesh Suresh Wagh is directed to be immediately released from prison in connection with CR. No.425 of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at 3 of 5 51.BA.2093.2026.doc Nashik Road Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (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 residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to 4 of 5 51.BA.2093.2026.doc the Applicant. 9. 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. 10. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.28 20:16:50 +0530