Rakesh Ashok Patil v. The State Of Maharashtra And Another
2025:BHC-AUG:13792 {1} BA 683 OF 2025 & ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 683 OF 2025 Rakesh S/o Ashok Patil Age: 30 years, Occu.: Private Service, R/o. Plot No.201, Perfect Residency, Prashant Nagar, Pathardi Phat, Nashik, Tal. and Dist.Nashik.
....Applicant
Versus
1.
The State of Maharashtra Through Superintendent of Police, Dhule.
2.
The Dhule City Police Station, Dhule, Tal. & Dist.Dhule.
.....Respondents .....
WITH BAIL APPLICATION NO. 749 OF 2025 Mahesh S/o Vinayak Ishi Age: 29 years, Occu.: Private Service, R/o.Boradi, Tal.Shirpur, Dist.Dhule.
....Applicant
Versus
1.
The State of Maharashtra Through Superintendent of Police, Dhule.
2.
The Dhule City Police Station, Dhule, Tal. & Dist.Dhule.
.....Respondent ....
Advocate for Applicant in BA/683/2025 : Mr.Ashok Dinkar Raut APP for Respondents-State : Mr.P.K.Lakhotiya Advocate for Applicant in BA/749/2025 : Mr.Ujwal Patil h/f. Ms.Archana Jitendra Patil .....
{2} BA 683 OF 2025 & ANR CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 08 MAY, 2025 PRONOUNCED ON : 09 MAY, 2025 ORDER :
1.
Present applications are for grant of regular bail on account of of arrest of applicants in crime no.0056 of 2025 registered at Dhule (City) Police Station, District Dhule, for offence under Sections 123, 278 of the Bharatiya Nyaya Sanhita and under Sections 8, 21 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and under Sections 18(c) of the Drugs and Cosmetics Act. 2.
Pointing to the date of arrest of applicants as 28-02-2025, it is submitted that Rakesh Patil (applicant in Bail Application No.683 of 2025) is working as Medical Representative (MR) in a Pharmaceutical Company. His appointment letter is placed on record. It is also submitted that Mahesh Ishi (applicant in Bail Application No.749 of 2025) is working as Clerk in a private Sanstha. That, there are allegations that applicant Rakesh Patil supplied Syrups and Tablets to other accused. That, except such allegations, there are no other allegations. It is further pointed out that accused nos.1 and 2 are already granted bail by the learned trial Court. That,
{3} BA 683 OF 2025 & ANR investigation is almost over and mere formality of chargesheet being filed is remained. As applicants are ready to abide by all and any conditions imposed by this Court, both learned counsel pray for grant of bail.
3.
Learned APP opposed applications on the ground that applicant Rakesh Patil has supplied scheduled drugs i.e. Syrups, Medicines and Tablets to accused no.3, Mahesh Ishi, who is a Clerk and was thereby not authorized to deal with drugs. That, there is collusion between both these applicants. That, investigation is still in progress and therefore, learned APP prays for rejection of bail applications.
4.
Heard. Perused the papers. FIR dated 24-02-2025 is at the instance of one Police Head Constable, who reported that while on duty, secret information was received that persons namely Kalpesh Gokul Jagdale and Ajay Shrawan Koli, both resident of Shirpur, are in possession of scheduled drugs and medicines and the same are meant for sale. On receipt of such information, raid was allegedly planned and executed by the team wherein, in search of Kalpesh and Ajay boxes of Syrups and Tablet strips were found and therefore,
{4} BA 683 OF 2025 & ANR crime was registered for aforesaid offence.
5.
Apparently applicant Rakesh Patil is shown as accused no.4 and seizure is apparently from non-applicants. That, non-applicant i.e. accused nos.1 and 2 are already granted bail by the trial Court. Mr.Raut, learned counsel has placed on record appointment order of applicant Rakesh Patil, which shows that he is appointed as Medical Representative. Therefore, taking the same into account, prima facie it seems that he is Medical Representative, who is authorized to conduct business of medicines by keeping in possession products manufactured by pharmaceutical Company. As pointed out accused nos.1 and 2 seem to beneficiary of bail in view of orders dated 03-04-2025 passed by the learned trial Court. Therefore, there is no reason to deny relief as prayed by present applicants, more particularly, in the light of above discussion. Hence, following order:
ORDER
(i) Both Bail Applications are allowed.
(ii) Applicants be released on bail in connection with Crime no.0056 of 2025 registered with Dhule (City) Police Station, District Dhule, on executing Personal Bond of Rs.15,000/- each with one surety in the like amount each.
{5} BA 683 OF 2025 & ANR (iii) Applicants shall not tamper prosecution evidence. (vi) Applicants shall not leave the jurisdiction of concerned Police Station, till conclusion of trial, except for attending Court dates.
( ABHAY S. WAGHWASE ) JUDGE SPT