14 - BA - 3897 - 2026 Rushi IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3897 OF 2026 Anthari Paulos Karukuttikaran .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Taraq Sayed a/w Mr. Mithilesh Mishtra a/w Namasvi Bhanvshali a/w Ashwini Acharya, for the Applicant.  Mrs. Shilpa Talhar, for the Respondent - State.  Mr. H.V. Waghmare, PSI, Khopoli Police Station, Raigad. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 14, 2026 P.C. : 1. Heard Mr. Taraq Sayed, learned Advocate for Applicant and Mrs. Shilpa Talhar, 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.364 of 2023 registered with Khopoli Police Station, Raigad for offences punishable under Sections 8(C), 22(C), 23 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. 3. The Applicant is arraigned as accused No. 3 in the present crime. 4. The prosecution apprehended accused Nos. 1 and 2 after 1 of 6 14 - BA - 3897 - 2026 raiding their premises at Khalapur, where they were allegedly manufacturing, rather, were manufacturing and storing the alleged contraband under the name and guise of M/s. Aanchal Chemicals and were trading therefrom. 5. During the course of investigation, accused No. 1 disclosed that the present Applicant, who is a chemistry graduate, had provided the know-how for producing the alleged contraband from raw materials and had supplied a formula for the manufacture of the alleged contraband. 6. The further statement of accused No. 1 is that the Applicant was also involved in setting up a similar place or factory in the Bhiwandi area. 7. After the Applicant was arrested, the police were also led to a premises where they recovered further contraband weighing 974 kilograms in 7 drums, which forms the basis of the indictment of the Applicant. 8. Prima facie, it is seen that the case of the prosecution qua the Applicant is limited to the extent that he provided the know-how for preparing the alleged contraband. 9. Insofar as both the recoveries are concerned, the first recovery was from the premises belonging to accused Nos. 1 and 2, 2 of 6 14 - BA - 3897 - 2026 and the second recovery was from the premises belonging to accused No 2. The statement of the co-accused person is the sole basis for the prosecution to implicate and indict the Applicant. Needless to state, that Applicant’s complicity in the crime will be proved at trial. 10. Accused Nos. 1, 2, 4 and 5 have already been granted bail by this Court. Considering their role and the indictment of the Applicant, as argued by the prosecution, I am inclined to consider the case of the Applicant for grant of bail on the ground of parity also. 11. The learned APP would vehemently submit that, in both instances, the prosecution has unearthed a substantial quantity of the alleged contraband, MD. In the first instance, 3 plastic drums containing 85 kilograms of the alleged contraband were seized, and in the second instance, 7 plastic drums containing 974 kilograms of the alleged contraband were seized. Hence, she would contend that such a seizure will have to be taken very seriously by the Court, which must be extremely cautious before granting bail to any of the accused persons. 12. Ms. Talhar has also vehemently submitted that, with regard to the premises belonging to the other co-accused persons, the present Applicant is a witness to the leave and licence agreement and that there are transactions between them. 3 of 6 14 - BA - 3897 - 2026 13. She would, in her usual fair-mindedness, admit that the role of the Applicant is based upon the statement of accused No. 1 and that, insofar as recovery is concerned, nothing has been attributed to the Applicant, nor has anything been recovered from him or his premises. 14. In view of the above, what impels me to consider the case of the Applicant for grant of bail are two specific reasons: (I) Parity with the other co-accused persons who have been released on bail vide order dated 7 September, 2026, passed in the companion group of matters concerning the other four accused persons; and most importantly. (ii) The prolonged incarceration of the Applicant for a period of 2 years and 10 months pending Trial. The uncertainty as to when the trial will commence or, for that matter, when it will be concluded in the near foreseeable future, persuades me to grant bail to the Applicant. The Applicant is released on bail. 15. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the 4 of 6 14 - BA - 3897 - 2026 following terms and conditions:- (i) Applicant is directed to be immediately released from prison in connection with CR. No.364 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 concerned 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. 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 5 of 6 14 - BA - 3897 - 2026 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 the Applicant. 16. 16. 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. 17. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] 6 of 6