Nandan Dinesh Yadav And ANR v. The State Of Maharashtra

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4701 OF 2024

1. Nandan Dinesh Yadav

2. Akhilesh Gajraj Yadav .. Applicants

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Dileep Satale a/w. Shagufa Patel, Ms. Padma Chinta and Ms. Nikita Mandaniyan, Advocates for Applicants.

 Ms. Rajeshree V. Newton, APP for Respondent - State.  Mr. Kishor Kharat - PSI, Sahar Police Station, Mumbai present. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 05, 2025.

P.C.:

1.

Heard Mr. Satale, learned Advocate for Applicants and Ms Newton, learned APP for Respondent - State.

2.

I am informed by the learned Advocate for Applicant that both the Applicants in the present Application were working with the Courier Company under Accused No.3.

3.

Applicants before me are arraigned as Accused Nos.4 and 5. Yesterday, when the Application was listed before me for hearing, pursuant to my previous order, learned Advocate for Applicant at the outset informed me that Applicant No.2 i.e. Accused No.5 does not work in the Courier Company whereas he had accompanied Accused No.4 to the Airport to enable him to deliver the alleged contraband /

parcel at the Airport.

4.

He would inform the Court that on the day on which the said parcel was required to be delivered at the Airport, Accused No.4 did not have conveyance and therefore he persuaded Accused No.5 to accompany him on the motorcycle which belonged to him to enable the Accused No.4 to deliver the parcel which is the concerned alleged contraband namely Hydrogen Peroxide (inflammable powder like substance) delivered in a box at the Airport. 5.

Today, learned Advocate for Applicant has placed on record an additional Affidavit explaining the aforesaid position since the Court wanted to know the background of Accused No.5 who was accompanying the Accused No.4. He informed the Court yesterday that Accused No.5 was working in a private company. Additional Affidavit filed by the Advocate for Applicant is taken on record. 6.

In view of the above, Investigating Officer is directed by this Court to ascertain the contents of the additional Affidavit in so far as Accused No.5 is concerned. Investigating Officer is directed to investigate and assess his credentials and details and accordingly inform the Court by filing an appropriate report about the background of Accused No.5.

7.

Concerned Investigating Officer shall also investigate and place on record material to the effect that Accused No.4 is indeed an

employee of Accused No.3 in the Courier Company and was merely assigned the job to deliver the parcel at the Airport. 8.

The aforesaid directions shall be complied with and appropriate report shall be made to the Court to enable the Court to consider the present Bail Application of Accused Nos.4 and 5. 9.

Let the report be filed within a period of one week from today.

10.

Stand over to 12th March, 2025. To be placed on the 'Supplementary Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.03.05 14:50:50 +0530 AJAY TRAMBAK UGALMUGALE