Shailesh Gopichand Telore v. State Of Maharashtra

2023:BHC-AS:35558

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3068 OF 2023 SHAILESH GOPICHAND TELORE ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. S. T. Pandey a/w Adv. Arvind Singh, Adv. Anima Mishra a/w Adv. Ritu Singh a/w Adv. Anuj Singh a/w Adv. Kajal a/w Adv. Nagesh i/b. SBG Law for the applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 30, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act' for short) registered on 02.10.2022 vide C.R. No.297 of 2022 with Nashik Road Police Station, Nashik. 3.

There are two accused. The applicant is the accused No.2. The applicant was arrested on 02.10.2022. On the date of the incident i.e. 02.10.2022 the applicant and the accused No.1 were traveling in the car. On the information 1/3

received, a quantity of 18.27 grams of a substance called Mephedrone (MD) was seized from the accused No.1. There is no recovery from the present applicant though the applicant was traveling in the same car.

4.

Learned APP opposed the application for bail. 5.

In any case the contraband that was found in possession of accused No.1 is a non-commercial quantity of MD. Though there are two criminal antecedents pointed out by the learned APP registered against the applicant, they are in respect of bodily offence and not in respect of NDPS Act. The applicant was arrested on 02.10.2022 and is now in custody for more than one year and one month. The investigation is complete and the charge-sheet has been filed. The applicant can be enlarged on bail by imposing conditions. The applicant does not appear to be a flight risk. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Shailesh Gopichand Telore in connection with C.R. No.297 of 2022 registered with 2/3

Nashik Road Police Station, Nashik shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Nashik Road Police Station, Nashik once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, 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.

(f) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(g) The applicant shall not leave the State of Maharashtra without the permission of the trial Court. (h) The applicant shall surrender his passport, if any, to the investigating officer.

6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3