2-BA-3274-26.doc rsk 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.3274 OF 2026 Chavad S/O Maansing Rajput .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Ali Kashif Khan Deshmukh a/w. Ms. Snigdha Khandelwal, Mr. M. Farid Shaikh, Mr. Jafar Khan, Mr. Tauqeer Alam and Mr. Abrar Burondkar, Advocates for for Applicant.  Mr. Yogesh Y. Nakhawa, APP for Respondent.  Mr. K. P. Jadhav, Narcotic Cell 1, Crime Branch, Pune City ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 25, 2026 P.C. : 1. Heard Mr. Deshmukh, learned Advocate for Applicant and Mr. Nakhawa, 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.841 of 2023 registered with Kondhwa Police Station for offences punishable under Sections 8(c), 17 (C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The applicant is arraigned as an accused in the NDPS offence. Accused No.1 has named the other two accused persons as having received contraband from him when he was apprehended in a public place. On the basis of the statement given by accused No.1, accused 1 of 4 2-BA-3274-26.doc No.2 and 3 were apprehended and even according to the prosecution’s nivedan panchanama appended at page 144, it is prima facie seen that the alleged contraband of 2.62 gms was recovered from both the accused persons. 4. Learned Advocate Khan Deshmukh has referred to and relied upon the order passed below Exhibit 1 in Criminal Bail Application No.5712 of 2023, inter alia with regard to enlargement on bail of accused No.3. The finding recorded in that order in paragraph 6 is relied upon by Mr. Khan Deshmukh for seeking parity for the present Applicant. Even otherwise the applicant is in custody for the past 3 years, since his date of arrest on 19 August 2023, pending trial 5. Learned prosecutor would vehemently argue that considering the recovery of commercial quantity of contraband from the sack which belonged to the accused No.3, mandatory conditions under Section 37 that he shall not re-offend himself needs to be satisfied. Undoubtedly learned prosecutor may be right but keeping the accused in custody forever without any trial commencing or, for that matter concluding in the near future cannot be allowed. Hence, I am inclined to enlarge the applicant on bail on the ground of his long incarceration for 3 years. 6. Considering the aforesaid, Applicant has made out case for grant of bail. He is granted bail subject to following conditions:- 2 of 4 2-BA-3274-26.doc i) Applicant is directed to be immediately released from prison in connection with Crime No. 841 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 surety of the like amount; iii) Applicant shall report to the Investigating Officer at Kondhwa Police Station, once every month on the first Sunday 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 with 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 3 of 4 2-BA-3274-26.doc time to time, as applicable; and viii) Any infraction of the conditions shall entail cancellation 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. rsk [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.25 20:40:52 +0530