15. BA 3472-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3472 OF 2026 Sameer Abdulkalam Shekhdare .Applicant Vs. The State of Maharashtra .Respondent Mr. A. Majid H. Banderkar, Advocate, for the Applicant Ms. Sangita Phad, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 16.09.2026 P. C. 1. Heard Mr. Banderkar, learned Counsel for the Applicant and Ms. Phad, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 73 of 2024 registered with Goregaon Police Station for offences punishable under Sections 8(c), 20(b)(ii)(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS”). 3. The Applicant is arraigned as Accused No. 1 in the present crime. He along with his co-accused were intercepted riding a motor cycle and apprehended with 1 Kg & 37 Grams of contraband Charas. He was Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.17 12:05:54 +0530 15. BA 3472-2026.doc arrested on 18.05.2024. The co-accused has already been enlarged on bail by this Court on 10.06.2026. A copy of which is appended at page No. 199 (Exh.F). The Applicant is in incarceration for the past more than two years and three months. What is observed in the order of the learned trial Court while rejecting the bail of the Applicant is that despite the charge having been framed on 31.01.2026 and the matter having been listed thereafter on five different occasions, the trial has been delayed. Though it is attributed to the Accused not stepping into the box and delaying the trial, the Accused in fact happens to be in incarceration and in jail and is required to be produced before the prosecution, if at all the trial has to progress. 4. Learned Advocate has also persuaded me to consider the violation of the provisions of Section 52A of the NDPS Act which provides for the procedure for inventories having been violated in the present case. The Applicant has no antecedents and in that view of the matter, the benefit of conditions under Section 37 of the NDPS Act would have to be considered, as the Applicant is not likely to re-offend himself and the prolonged custody of the Applicant without the trial having been progressed persuade the Court to allow the Application of the Applicant for grant of bail on the ground of long incarceration. 5. Hence, in view of above prima facie observations and finding, Anand 2 of 5 15. BA 3472-2026.doc Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Sameer Abdulkalam Shekhdare is directed to be immediately released from prison in connection with CR. No. 73 of 2024; (ii) The 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) The Applicant shall report to the Investigating Officer at Goregaon Police Station, twice every month, on the first Monday and third Friday 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) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of Anand 3 of 5 15. BA 3472-2026.doc bail; (v) The Applicant shall not leave the State of Maharashtra without the prior permission of the Trial Court and he shall deposit his passport with the Trial Court on his release; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed 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; (viii) The Applicant shall not enter the jurisdiction of the Goregaon Police Station, till the beginning of the trial and the village where the victim is staying except for recording his attendance as directed; (ix) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. Anand 4 of 5 15. BA 3472-2026.doc 6. 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. 7. The Bail Application No. 3472 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5