Amol Dnyanoba Gore v. The State Of Maharashtra And Another

2025:BHC-AUG:36578 1 BA / 1735 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 BAIL APPLICATION NO. 1735 OF 2025 AMOL DNYANOBA GORE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for applicant : Ms. Ashwini Patil h/f. Mr. S.J. Salunke APP for the respondent - State : Mr. S.G. Sangle ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 9 DECEMBER 2025 PER COURT :

The applicant has approached this Court seeking regular bail in connection with FIR bearing Crime No. 542 of 2024 dated 02.10.2024 registered with Udgir Police Station, Dist. Latur for the offences punishable under section 8(c), 20(b)(ii), 20(c), 2, 29 of the Narcotic Drugs and Psychotropic Substances Act, under section 2(6) of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard learned counsel for the applicant and the learned APP. Perused the papers.

3.

The applicant was travelling in the car along with his driver. A secret information was received to the Police about transportation of prohibited contraband i.e. ganja in a car. Accordingly, entry was made in the station diary and further action was initiated. The car was found with men and women inside and prohibited contraband was also

2 BA / 1735 / 2025 recovered. During search, the applicant and other accused were found in possession of ganja containing flowering tops, stem leaves, stock and seeds weighing around 2.46 Kgs. amounting to Rs.2,01,150/-. 4.

On further investigation, present applicant allegedly disclosed that the ganja is brought from the oil tanker locted in nearby vicinity and on having raided the tanker, another 302.23 Kgs of ganja at the instance of the present applicant was found. Accordingly, applicant and other co-accused are charged for the above offences. 5.

Learned counsel for the applicant submits that the applicant is innocent. The investigation is complete and the chargesheet is filed. There are no criminal antecedents. The other coaccused are relased on bail by this Court. Hence, prayed to release the applicant on the ground of parity.

6.

On the other hand, learned APP submits that substantial quantity i.e. 302.23 Kg of ganja is recovered at the instance of accused persons. As such, it is not open for the applicant to submit that the applicant is not concerned with the incident. The applicant and the coaccused were carrying ganja of 2.46 Kgs. And later on at the intance of present applicant, further 302.23 Kgs. of ganja was recovered. Therefore, submits that it cannot be said that the applicant is not in possession of the entire ganja recovered.

3 BA / 1735 / 2025 7.

Upon considering the submissions and perusal of material on record, prima facie, there is dearth of evidence to suggest that the applicant was also in possession of other quantity which is subsequently recovered. The applicant is in custody since 03.10.2024. Further, recovery of subsequent ganja is not based on memorandum statement dated 04.10.2025. None of the vehicle is belonging to the applicant. Accused no. 2 is the owner of the car and accused no. 4 and 5 were working on the tanker. Co-accused who are owner and driver of the vehicles, were granted bail by this Court. 8.

In the light of order of this Court dated 08.07.2025 in Bail Application No. 709 of 2025, order dated 02.07.2025 in Bail Application Nos. 1022 of 2025 and 1020 of 2025, in respect of co-accused in same crime, allegations being similar against the present applicant, for the reasons mentioned therein and on the ground of parity, the applicant can be released on bail.

9.

Resultantly, the following order is passed :-

ORDER

(I) Application is allowed.

II) Applicant - Amol Dnyanoba Gore, be released on regular bail upon furnishing P.R. bond in the sum of Rs.50,000/- (Fifty Thousand only) with one or two local solvent sureties in the like

4 BA / 1735 / 2025 amount, in connection with Crime No. 542 of 2024 dated 02.10.2024 registered with Udgir Police Station, Dist. Latur for the offences punishable under section 8(c), 20(b)(ii), 20(c), 2, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 under section 2(6) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) After his release from jail, the applicant shall report to the Investigating Officer / Police station as and when called for till framing of the charge.

(b) The applicant shall attend the trial Court every month between 11.00 am to 1.00 pm. to mark his presence.

(c) Applicant shall co-operate with the conduct of trial and attend trial Court on all dates unless specifically exempted and will not take any unnecessary adjournment, if he does so, it will entitle the prosecution to apply for cancellation of this order. (d) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court.

(e) The applicant shall not influence with any of the prosecution witnesses or tamper with the evidence, in any manner. (f) Before his actual release from jail, the applicant shall furnish his address where he propose to reside after his release from jail, to the concerned Police Station and also to the Trial Court. (g) In case of infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

[ SACHIN S. DESHMUKH ] JUDGE arp/