1 26 BA 1020.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1020/2026 (Gopal Bhoe Samil Bhoe Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Ali, Advocate with Mr. F.R. Kashif, Advocate for applicant. Mr. U. Phasate, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 25/08/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.654/2024 registered with Police Station Babhulgaon, Dist. Yavatmal for the offences punishable under Sections 20(b)(ii), 20(b), 22(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Brief facts of the prosecution case are that the informant namely Sugat Nathrao Pundge, A.S.I., L.C.B. Yavatmal lodged written report with Babhulgaon Police Station on 02/10/2024 alleging that he along with his staff members were doing patrolling, during that time, they received a secret information on 01/10/2024 around 21.00 hrs. that some persons were transporting Ganja and they were coming in Grey Color Hyundai Creta Car bearing No. 2 26 BA 1020.26 CG-12/AB-0515 after 23.20 hrs. and that car was coming from Chhattisgarh and going to Ner via Bhabhulgaon Road. Thereafter they completed their primary duties regarding the raid and laid down Nakabandi around 23.40 hrs. During that time, they found one Hyundai Creta Car bearing No. CG-12/AB-0515 coming from Kalamb to Bhabhulgaon Road. They stopped that vehicle and found two persons sitting in the front and one woman sitting in the back seat. Upon asking about their names, they disclosed it as (1) Shahadat Khan Usman Khan (2) Sohel Khan Shahadat Khan (3) Farida Khan Shahadat Khan. Thereafter, they started search of the said Hyundai car and found Ganja in its dickey weighing 63.120 Kg., they seized the said contraband in presence of the witnesses and gazetted officer and accordingly the report was lodged against the applicant and others. 4. The learned counsel for the applicant submits that the name of the applicant was disclosed by the accused No.1. However, he submitted that accused No.1 Shahadat Khan Usman Khan was discharged by the Special Judge, Yavatmal by its order dated 08/06/2026 passed below Exhibit-47, therefore he submits that the accused No. 1 3 26 BA 1020.26 who has disclosed the name of the present applicant himself is discharged. Under such circumstances, the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that accused No.1 was discharged on some technical grounds and no benefit can be given of that order to the present applicant, therefore he submits that merely on the basis of the order dated 08/06/2026, the applicant cannot be released on bail since the allegations are serious in nature. 6. I have considered the rival submissions. It appears that after the arrest of the accused No.1, he disclosed the name of the present applicant, pursuant to that present applicant was also arrested. It further appears that there is no other material in the entire charge sheet. It further appears that by order dated 08/06/2026, the accused No.1 was discharged by the Special Judge Yavatmal. Considering this fact, I am inclined to grant bail to the applicant. Hence the following order:- 4 26 BA 1020.26 ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Gopal Bhoe Samil Bhoe be released on bail in connection with Crime No.654/2024 registered with Police Station Babhulgaon, Tq. Bahulgaon, Dist. Yavatmal for the offences punishable under Sections 20(b)(ii), 20(b), 22(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on his furnishing P.R. Bond of Rs. 50,000/- with two sureties in the like amount. (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. The observation of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observation, 5 26 BA 1020.26 8. Pending applications, if any, stand disposed of accordingly. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 27/08/2026 11:48:47