SA_MANDAWGAD 908 BA 2467-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2467 OF 2026 Abdul Ajij Maeen Badshah Shaikh Urf Ajju … Applicant V/S. The State of Maharashtra … Respondent Mr. Kamlesh M. Satre, for the Applicant. Mr. H.J. Dedhia, APP for Respondent–State. Mr. Satesh Kalbhor, PSI, Trombay Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 17th SEPTEMBER, 2026 P.C. :- 1. Heard. Perused the record. 2. The applicant seeking his release on bail in connection with NDPS Spl. Case No. 198 of 2025 arising out of Cr.No. 486 of 2024, registered with Trombay Police Station, Mumbai, for the offences punishable under Sections 8(c) read with 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS”), on a report dated 20.10.2024 lodged by Sanjay Awhad, PHC. 3. The prosecution case is that, on 20.10.2024, at about 00:50 hours, in a lane behind Hotel Dosti, Trombay, the applicant was found in possession of 15 bottles of Codeine Phosphate and Triprolidine Hydrochloride Cough Syrup. The co-accused Nadim Pasha Shaikh alias Nadda, who was present at the spot along with the applicant, fled away. Therefore, the aforesaid crime came to be registered and the applicant was arrested. On completion of investigation, the police have filed charge-sheet. Page 1 of 4 SA_MANDAWGAD 908 BA 2467-26.DOC 4. The trial Court declined to release the applicant on bail. His earlier bail application No. 2939 of 2025 before this Court was withdrawn vide Order dated 27.11.2025, as this Court was not inclined to grant relief to the applicant. However, liberty was given to the applicant to file a fresh application after six months, if there is no substantial progress in the trial. 5. Mr. Satre, learned counsel for the applicant, submitted that, the charge was framed on 02.07.2025. However, the trial has not advanced even after passing of the said order dated 27.11.2025. Therefore, the detention of the applicant is turning punitive and causing him hardships. The applicant has no criminal antecedents. Therefore, he urged to grant bail. 6. Mr. Dedhia, learned APP, submitted that the applicant was found in possession of commercial quantity of contraband. The applicant has not prima facie shown that he is not guilty of the said offence. As such, bail be refused. 7. I have considered the submissions. The applicant has been incarcerated for almost 1 year and 11 months. Although, the charge has been framed, no witness is been examined till the date. The applicant is not responsible for the delay in the trial. The applicant has no criminal antecedents and he is not likely to commit a similar offence, if released on bail. Therefore, in my view, the applicant may be released on bail on the ground of prolonged incarceration. 8. In similar situation in Anandbhai Rajendrabhai Vaniya v. State of Gujarat, Criminal Appeal No.859/2025 arising out of [SLP (Crl.) No.17042/2024], as alleged, the appellant was driving the SA_MANDAWGAD 908 BA 2467-26.DOC car from which 995 bottles of RX Codeine Phosphate & Triprolidine Hydrochloride syrup were seized. The appellant had figured in eight cases, but, was discharged in five cases, acquitted in two cases and in the other remaining case, he was on bail. Taking into consideration the 17 months incarceration of the Applicant, the nature of allegations levelled against him and, the possibility of the trial not being concluded anytime soon, the Hon’ble Supreme Court released the appellant on bail. In the case of MD Ezaz Afzal & Anr. v. State of W.B SLA (Crl.) 12419/2024, the petitioners were arrested on 10.12.2023 as 1920 bottles of codeine phosphate syrup were seized from them. The trial was not commenced. No witness was examined, though 14 were cited by the prosecution. Taking note of the quantity of codeine phosphate syrup allegedly involved in the case and, the period of incarceration (11 months) already undergone by the Petitioners, the Hon’ble Supreme Court released them on bail. 9. In the wake of the above, I am inclined to release the applicant on bail. Hence, the following Order : (i) The applicant – Abdul Ajij Maeen Badshah Shaikh Urf Ajju be released on bail in the aforesaid FIR registered with Trombay Police Station, Mumbai, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Trombay Police Station, Mumbai, on 1st day of each calendar month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. SA_MANDAWGAD 908 BA 2467-26.DOC (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated in case there is any change. (vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) It is clarified that any observation made in the present Order are for the purpose of deciding this Bail Application. The trial Court should not get influenced by any of the said observations and decide the said case on its own merit. 10. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.19 14:00:21 +0530