40-BA-2427-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2427 OF 2026 Akshay Pappu Dede … Applicant Versus. The State Of Maharashtra … Respondent ----- Mr. Tausif Shaikh (Through VC), Advocate for the Applicant. Mr. Ameet Palkar, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 27th July, 2026. P.C. : 1. Heard Mr. Tausif Shaikh, learned Advocate for the Applicant and Mr. Ameet Palkar, learned APP for the Respondent-State. 2. By the present Application, the Applicant seeks bail in connection with Crime No. 271 of 2025 registered with the Hijawadi Police Station, Pune, for offences under Section 8(c), Section 22(c) and under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Mr. Tohid Shaikh, learned Advocate for the Applicant, states that there are three (3) accused in the present crime. Applicant is Accused No. 1. He states that Crime No. 271 of 2025 is registered as Special Case No. 1569 of 2025 and is pending before the District Judge-9 and Additional Sessions Judge, Pune. (“Trial Court”) Vivekanand 1 40-BA-2427-2026.doc 4. The prosecution case is that on 21.05.2025, the Police Personnel from Hinjawadi Police Station were on patrolling duty during the night hours. They noticed the Applicant and co-accused No. 2 near the bridge in a suspicious state. Upon personal search by the Police Personnel, they found 70 grams of Mephedrone (for short “MD”) in possession of Accused No. 2. The mobiles of the Applicant and the co-accused were seized. Based on information provided by Accused No. 2, Accused No. 3 (Lakhan @ Navnath Balu Mohite) was apprehended. 5. Applicant was arrested on 22.05.2025. The Bail Application at Exhibit-A, filed by the Applicant in Special Case No. 1569 of 2025, was dismissed by the Trial Court on 16.03.2026. 6. Mr. Tausif Shaikh, learned Advocate for the Applicant, submits that apart from the Applicant's presence during the personal search of the Accused No. 2 (Rahul Sunny Devare), there is no material on record indicating the Applicant's involvement in Crime No. 271 of 2025. He further submits that the Police have seized the Applicant's mobile phone and that there is no incriminating material either on the mobile or in any call details. 7. Mr. Ameet Palkar, learned APP for the Respondent-State, submits Vivekanand 2 40-BA-2427-2026.doc that the Applicant was present with Accused No. 2. He submits that although no contraband was recovered from the Applicant, the Applicant participated in the offence and conspired with the co-accused. 8. Perused the records with the assistance of the learned Advocates. 9. The contraband in Crime No. 271 of 2025 being a commercial quantity, the rigours of Section 37 of the NDPS Act would apply. 10. A perusal of the complaint dated 21.05.2025 reveals that Accused No. 2 was searched and during the search, Mephedrone was found in 16 plastic packets on the person of Accused No. 2. 11. The Japti Panchnama dated 21.05.2025 records the recovery of a mobile from the Applicant. 12. Considering the material on record, namely the complaint dated 21.05.2025 and the japti Panchnama dated 21.05.2025 and noting that no contraband was recovered from the Applicant and that there were no calls or financial transactions between the Applicant and the Accused No. 2, I am satisfied, prima facie, that the Applicant is not guilty of such offence and would therefore be entitled to bail. Vivekanand 3 40-BA-2427-2026.doc 13. Mr. Tausif Shaikh, learned Advocate for the Applicant, states that the Applicant does not have any criminal antecedents. 14. Accused No. 2 has been released on Medical Bail, whereas Accused No. 3 has been released on Regular bail. 15. In view of the above, the Bail Application is allowed on the following conditions :- (a) Applicant is directed to be released on bail in connection with C.R. No. 271 of 2025 registered with Hinjawadi Police Station, Pune City, upon furnishing a P.R. Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one or two sureties, in the like amount, to the satisfaction of the Trial Court in Special Case No. 1569 of 2025. (b) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person(s) acquainted with the facts of the case to dissuade that person(s) from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence. (c) Applicant shall, within three (3) days of his release from jail, provide the Investigating Officer at Hinjawadi Police Station, Pune City, his residential address with proof and Vivekanand 4 40-BA-2427-2026.doc contact numbers and must inform the Investigating Officer of any change in the same from time to time. (d) Applicant shall report to Investigating Officer, Hinjawadi Police Station, Pune City, on the 1st Monday of each month from 11.00 a.m. to 12.00 noon till conclusion of trial in Special Case No. 1569 of 2025. (e) Applicant shall regularly appear before the Trial Court in Special Case No. 1569 of 2025, as and when the matter is fixed, unless specifically exempted. (f) If the Applicant absents himself from appearing before the Trial Court on the date fixed, the same would be considered as a breach of this condition and the Special Court would be at liberty to pass appropriate orders. (g) Applicant shall not indulge in any similar offence punishable under the NDPS Act. 16. The observations made in the present order are meant for the purpose of deciding the Bail Application and would not have any impact or effect on the trial. 17. Criminal Bail Application No. 2427 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Vivekanand 5 VIVEKANAND RAJENDRA BONDE Digitally signed by VIVEKANAND RAJENDRA BONDE Date: 2026.07.27 20:57:08 +0530