Vilas Parasram Gaikwad v. The State Of Maharashtra And Another

2024:BHC-AUG:26037 956-ba-1845-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1845 OF 2024 Vilas Parasram Gaikwad

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Sumit S. Kalaskar h/f Mr. Salunke Sudarshan J APP for Respondent/State : Mr. S.P. Sonpawale ...

CORAM : S.G. MEHARE, J.

DATED : OCTOBER 22, 2024 PER COURT:- 1.

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

2.

The applicant seeks bail in Crime No.19 of 2024 registered with Dharur Police Station, District Beed for the offences punishable under Sections 20-B of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act' for short). 3.

On the same FIR while considering the bail application of another co-accused, this Court has recorded the legal flaws committed by the investigation officer and violation of the Narcotic Drugs and Psychotropic Substances (Seizures, Storage, Sampling and Disposal) Rules 2022. This Court also considered the view expressed by the Hon'ble Supreme Court in the case of Simranjit Singh @ Roda Vs. State of Punjab, 2023 LiveLaw SC (570) and granted bail to the

956-ba-1845-2024.odt (2) applicant though the quantity was commercial. Same legal defects entitles the applicant for bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Vilas Parasram Gaikwad, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that ; (a) The applicant should not tamper with the prosecution witnesses.

(b) The applicant should not involve in the identical offences. (c) The applicant should furnish his residential proof with cell phone number to the learned Trial Court with an undertaking that he would not change it till the conclusion of the trial.

(S.G. MEHARE, J.) Mujaheed//