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Bombay High CourtBA/1393/2025application allowed

Kunal Anil Pawar v. The State Of Maharashtra

2025-08-04Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:20719 BA 1393/25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 72 BAIL APPLICATION NO. 1393 OF 2025 KUNAL ANIL PAWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. More Abhijit S.

APP for Respondent/State : Mr. V.M. Jaware ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

04/08/2025 P.C. :

1.

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

2.

The applicant is seeking bail as he is arrested in connection with Crime No. 271/2025 dated 31.05.2025 registered with Dharashiv City Police Station, Dharashiv for the offences punishable under sections 20(B)(ii)(A), 8(C) and 27 of Narcotic Drugs and Psychotropic Substance Act, 1985. 3.

The case of the prosecution against the applicant is that applicant was found in possession of 2 kg 50 grams Ganja. The present applicant is behind bars from 31.5.2025 and he continues to be in jail. 4.

The learned counsel for the applicant submits that 2 kg 50 grams Ganaj is just over small quantity and there is possibility of margin of error in weighing Ganja. There are no antecedents against the applicant as regards NDPS Act. The learned APP points out that the applicant has antecedents as regards Prohibition Act i.e. alcohol related offences. 5.

Considering that applicant was found in possession of 2 kg 50 grams Ganja i.e. intermediate quantity and the applicant is in custody from 31.5.2025 and he has no antecedents as regards NDPS Act, bail can be

BA 1393/25 granted to the applicant by putting some stringent conditions. 6.

In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 271/2025 dated 31.05.2025 registered with Dharashiv City Police Station, Dharashiv for the offences punishable under sections 20(B)(ii) (A), 8(C) and 27 of Narcotic Drugs and Psychotropic Substance Act, 1985, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant shall not enter Dharashiv town for the next one year.

c] The applicant, upon being released on bail, shall not get involved in similar kind of offences and shall not contact the informant or witnesses in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

7.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 8.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/