9.BA.3643.2026.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.3643 OF 2026 Vitthal Raghunath Karade .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Viral Babar, Advocate i/by Mr. Yasir Khan for Applicant.  Mr. Amit K. Mundhe, APP for Respondent.  PSI – Amol Bhuwad, Bibwewadi Police Station, Pune. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026 P.C. : 1. Heard Mr. Babar, learned Advocate for Applicant and Mr. Mundhe, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.172 of 2025 registered with Bibvewadi Police Station for offences punishable under Section 8(c) read with Sections 21(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. Case of prosecution is that Applicant is apprehended in offences punishable under NDPS by a chance recovery while patrolling on the road. Applicant is however apprehended from inside the building compound from the parking lot of the building where he was 1 of 4 9.BA.3643.2026.doc residing and that can by no means could be stated as chance recovery. 4. There is no material placed on record regarding non- compliance of Section 42(1) of the NDPS Act in regard thereto. That apart, insofar compliance under Section 50 is concerned, the notice ofter a search before the Gazetted Officer / Magistrate in conditional terms stating, “if you wish” and not as a matter of absolute right which should be the norm. 5. That apart, Mr. Babar has argued delay of 5 days in keeping the seized contraband with the prosecution officers before sending it for inventory and sampling which does not rule out the possibility of any tampering. 6. In that view of the matter, considering incarceration of 14 months and ignominy of trial not having started, entails Applicant to grant of bail in the present case. 7. Needless to state that complicity of Applicant shall be proved by prosecution at the time of trial. 8. Considering the aforesaid, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant - Vitthal Raghunath Karade is directed to be immediately released from prison in connection with Crime No. 172 of 2025; 2 of 4 9.BA.3643.2026.doc (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 Bibvewadi Police Station, 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 of bail granted to the Applicant. 3 of 4 9.BA.3643.2026.doc 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 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: 2026.09.29 19:20:09 +0530