6-BA-844-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 844 OF 2026 1 Aakash Vijay Jadhav (Deleted as per order dated 08/09/2026) 2 Shivkumar Bhaskar Thakare 3 Shankar Vinod Paradhe (Deleted as per order dated 08/09/2026) … Applicants Versus 1 The State of Maharashtra Through Chiplun Police Station, Chiplun 2 The Superintendent of Police, Ratnagiri … Respondents ----  Mr. Aditya S. Raktade i/b. Mr. Sudhir N. Patil for the Applicants.  Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.  Officer : PSI Mr. V.S. Nikam, Chiplun Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 8th September 2026. PER COURT : 1. At the outset, Mr. Aditya Raktade, learned Advocate for the Applicants, on instructions from Applicant No. 1 (Akash Vijay Jadhav) and Applicant No. 3 (Shankar Vinod Paradhe), seeks leave to withdraw this Bail Application, osk 1 of 6 6-BA-844-2026 (CR).docx with liberty to file a fresh Bail Application before the Trial Court in the event of a change in circumstances. This request is not opposed by Ms. Deshmukh, learned A.P.P. for the Respondents-State. 2. In view of the statement made by Mr. Aditya Raktade, learned Advocate for the Applicants, leave is granted to withdraw this Bail Application on behalf of Applicant No. 1 and Applicant No. 3, with liberty as prayed by Mr. Aditya Raktade, learned Advocate for the Applicants. Consequently, upon withdrawal, this Application for bail on behalf of Applicant No. 1 and Applicant No. 3 stands dismissed as withdrawn against them. 3. Mr. Aditya Raktade, learned Advocate for the Applicants, seeks leave to amend the cause title forthwith to delete the names of Akash Vijay Jadhav and Shankar Vinod Paradhe from the cause title. Permission is granted. The amendment shall be carried out forthwith. Upon the deletion of Applicant No.1 and Applicant No.3, Shivkumar Bhaskar Thakare (Accused No. 2) becomes the sole Applicant in this Application. 4. Heard Mr. Aditya Raktade, learned Advocate for the Applicant and Ms. Deshmukh, learned A.P.P. for the Respondents-State. 5. By this Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant (Accused No. 2) seeks regular bail in osk 2 of 6 6-BA-844-2026 (CR).docx connection with Crime No. 60 of 2026, dated 4th March 2026, registered at Chiplun Police Station, District Ratnagiri, for offences punishable under Sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 6. Mr. Aditya Raktade, learned Advocate for the Applicant states that there are three (3) accused in Crime No. 60 of 2026. The Applicant is accused No.2. He states that, Crime No. 60 of 2026 is registered as Special Case No. 07 of 2026 and is pending before the Special Court, Chiplun (“Trial Court”). 7. The case of the prosecution is That the accused in Crime No. 60 of 2026 were apprehended on 3rd March 2026 at 20:20 hours in front of the Railway Station, across the Mumbai-Goa Highway in Chiplun city. The accused were found in an auto-rickshaw and a Honda Activa scooter while transporting 10 packets of Ganja weighing a total of 10.138 kg, valued at Rs. 2,53,450/-. 8. The Applicant was arrested on 6th March 2026. Bail application at Exhibit No. 15 filed by the Applicant was rejected by the Trial Court on 20th July 2026. 9. Mr. Aditya Raktade, learned Advocate for the Applicant, submits that the Applicant was merely a passenger in the rickshaw. He further submits that osk 3 of 6 6-BA-844-2026 (CR).docx no contraband was recovered from the Applicant. He further submits that there are no Call Detail Record (CDR) links or financial transactions linking the Applicant to the co-accused. He further submits that the Applicant has no criminal antecedents. He therefore submits that the Applicant be enlarged on bail. 10. Ms. Deshmukh, learned APP for the Respondents-State submits that the offence of transportation of Ganja is attributable to Accused Nos. 1 and 3, who are habitual offenders with similar antecedents under the NDPS Act to their credit. The statement made by Mr. Aditya Raktade, learned Advocate for the Applicant, that the Applicant was found in the rickshaw without any recovery from him is not contested. 11. Perused the record. 12. The contraband seized in the present crime is of an intermediate quantity. Thus, the rigours of Section 37 of the NDPS Act would not apply. 13. A perusal of the F.I.R. shows that the Applicant's involvement in the present offence was limited to being present in the rickshaw when the accused were apprehended with the contraband. No contraband was recovered from the Applicant. As submitted by Mr. Aditya Raktade, learned Advocate for the Applicant, there are no CDR calls or financial transactions between the Applicant and the other accused and the Applicant has no osk 4 of 6 6-BA-844-2026 (CR).docx criminal antecedents. 14. Considering the nature of the allegations against the Applicant in Crime No. 60 of 2026 and the submissions of the learned Advocates, further incarceration of the Applicant pending trial of Special Case No. 07 of 2026 is not necessary. 15. The Application is allowed on the following conditions: (a) The Criminal Bail Application No. 844 of 2026 stands dismissed as withdrawn qua Akash Vijay Jadhav and Shankar Vinod Paradhe. (b) The Criminal Bail Application No. 844 of 2026 qua Applicant (Shivkumar Bhaskar Thakare) is allowed. (c) The Applicant - Shivkumar Bhaskar Thakare in Crime No. 60 of 2026, dated 4th March 2026, registered with Chiplun Police Station, District Ratnagiri, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two sureties in the like amount to the satisfaction of the Special Court, Chiplun in Special Case No. 07 of 2026. (d) The 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 such person/s from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence. osk 5 of 6 6-BA-844-2026 (CR).docx (e) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact numbers, email and must inform the Investigating Officer of any changes to this information from time to time. (f) The Applicant shall regularly appear in Special Case No. 07 of 2026 pending before the Trial Court, unless specifically exempted. If the Applicant fails to appear before the Trial Court on the date fixed, it will be considered a breach of condition, and the Trial Court, will be at liberty to pass appropriate orders. (g) The Applicant shall not indulge in any offense similar under the NDPS Act. 16. The Criminal Bail Application No. 844 of 2026 stands disposed of. [ ASHWIN D. BHOBE, J. ] osk 6 of 6 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.09 13:17:30 +0530