Raju S/O Asaram Mankikar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1467 OF 2020 Raju s/o Asaram Mankikar Applicant

Versus

The State of Maharashtra Respondent Mr.R.S.Deshmukh, Senior Counsel with Mr.Govind A. Kulkarni, advocate, i/by Mr. D.R.Deshmukh, advocate for the applicant. Mr.R.V.Dasalkar, APP for the Respondent.

CORAM : V.K.JADHAV, J.

DATE : 17th December, 2020.

PC :

The applicant - Raju s/o Asaram Mankikar, is seeking bail in connection with Crime No.217/2020, registered with Osmanpura Police Station, Aurangabad, for the ofence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard both sides.

It appears that during police raid, the co-accused persons found raid handed along with certain quantity of contraband article ganja. The said quantity of ganja is less than commercial quantity, but exceeding small quantity. In view of the same, provisions of Section 37

{2} of the Narcotic Drugs and Psychotropic Substances Act, 1985, are not applicable. Apart from this, those two accused persons, who were caught raid handed, have disclosed name of the present applicant as a person from whom they have purchased said ganja. No other evidence is available against the applicant. It further appears that during the course of investigation, house of the applicant was searched, however, nothing was found in his house to connect him with the alleged crime. There is no criminal history. Thus, by imposing certain conditions, I am inclined to release the applicant on bail.

Hence, the following order:

(i) The application is hereby allowed.

(ii) The applicant - Raju s/o Asaram Mankikar, in connection with Crime No.217/2020, registered with Osmanpura Police Station, Aurangabad, for the ofence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing Personal Bond of Rs.25,000/- (Rs.Twentyfive thousand) with one solvent surety of the like amount, on the following conditions:

(a) The applicant shall not tamper with the prosecution evidence, in any manner.

{3} (b) The applicant shall attend concerned Police Station once in a week on every Sunday between 8.00 a.m. to 11.00 a.m. till filing of the charge sheet.

The application is accordingly disposed of.

(V.K.JADHAV) JUDGE adb