26-BA-58-2026 Navnath Waghmare (P.A) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 58 OF 2026 Akash @ Sunny Bhupat Das …Appellant Versus State of Maharashtra …Respondent Mr. Kamlesh Satre for the Applicant. Mr. Hitendra J Dedhia APP for the Respondent-State ANC Bandre ADI Shrikant Kark CORAM: R. M. JOSHI, J. DATED: 04th MARCH, 2026 PC:- 1. The Applicant seeks his release on bail in connection with CR No. 37 of 2024 dated 31.06.2024 registered with ANC, Bandra Mumbai for the offences punishable under Sections 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances act, 1985, ( for short ‘NDPS, Act’) 2. Learned counsel for the applicant submits that co-accused against whom there is seizure of 60 Grams of Mephedrone recovered from him. However, the bail is granted by this Court on 14th October 2025, it is submitted that bail is granted only for the reason that co-accused was arrested on 30.06.2024 and he is in jail for a period of 1 year and 5 months. It is further submitted that 04th March, 2026 26-BA-58-2026 since there is identical role attributed to the present applicant, as he has no criminal history behind him, this is a fit case for grant for bail. 3. Learned counsel for the APP opposed the application contending that the quantity is recovered at the instance of accused is 60 grams of Mephedrone, whereas 100 grams of Mephedrone is recovered from the present applicant. 4. Prima-facie, perusal of the impugned order passed by this Court in the case of 3361 of 2025 indicates that the bail was granted only for the reason of incarceration of 1 year and 5 months after his arrest on 30.06.2024. Whereas present applicant who is arrested on the same day in the same crime, and he is in jail for a period of 2 years. There is no criminal history behind him, having regard to the facts of the case there is no reason to take any different view than the one by the co-ordinate bench of this Court. pertinantly, inspite of the fact that said order of bail to co-accused has been passed on 14.10.2025, till date no exception is taken to it before the Supreme Court. 5. Hence, following order. ORDER i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 50,000/- with one or two local sureties in the like amount; 04th March, 2026 26-BA-58-2026 ii) The Applicant is permitted to furnish provisional cash bail of Rs. 50,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs. 50,000/- within a period of four weeks after his release, which shall be accepted by the Trial Court. The Applicant shall provide the sureties as directed; iii) The Applicant shall attend the police station concerned once in a month, till the charges are framed. iv) The Applicant shall attend the Trial Court concerned on each and every date as directed, till the conclusion of the trial, save and except if the Applicant is exempted from appearance by orders of the Trial Court; v) If the Applicant has not deposited his passport, the applicant shall deposit the same with the concerned police station; vi) The Applicant shall not leave India, without permission of the trial Court; vii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; viii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and 04th March, 2026 26-BA-58-2026 / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; ix) The Applicant to co-operate with the conduct of the trial; x) Any infraction of the aforesaid shall entail cancellation of bail. 6. Application is allowed in the above terms and is accordingly disposed of. 7. It is made clear the observations made herein are prima- facie and are confined to this Application and the Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (R. M. JOSHI, J.) { 04th March, 2026