Santosh Prakash Lagade @ Ravi v. State Of Maharashtra

by CHITRA SANJAY SONAWANE Date:

2024.06.26 02:03:55 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1685 of 2024 Santosh Prakash Lagade alias Ravi Age : 34 years, Occu: Nil R/o : Shivaji Road, Shahad Fatak, Ulhasnagar, Thane .... Applicant.

Vs.

The State of Maharashtra (Vide CR No.580/2024, Ulhasnagar Police Station dated 12.4.2024) .... Respondent.

--- Mr Rajendra S Bidkar for the applicant.

Mr Nitin B. Patil, APP for the respondent/State. PSI Vijay L. Parhad, Ulhasnagar Police Station is present. --- Coram : R.N. Laddha, J.

Date : 25 June 2024.

P.C.:

Heard Mr Rajendra S. Bidkar, the learned Counsel appearing on behalf of the applicant and Mr Nitin B. Patil, the learned Additional Public Prosecutor representing the respondent/State.

2.

This is an application for pre-arrest bail filed by the applicant, apprehending arrest in CR No.0580 of 2024, registered with Ulhasnagar Police Station, Thane, for the offences punishable under Sections 8(c), 20(b) (ii) (a) of the Page No. 1 of 4

Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).

3.

The First Information Report (FIR) reveals that on 12.04.2024, an Officer of the respondent arrested the coaccused Suraj Vishwakarma, after finding him in possession of 220 gms of contraband article, Ganja. The allegations against the applicant stem from co-accused's statement; where he disclosed that the applicant was the person from whom he purchased the alleged contraband material.

4.

Mr Rajendra Bidkar, learned Counsel for the applicant submits that quantity of 220 gms of Ganja falls into small range. The applicant has no criminal antecedents. There is no material on record to connect him to the matter except the statement made by the co-accused which is not admissible. The applicant is ready to cooperate with the investigation. 5.

On the other hand, Mr Nitin B. Patil, the learned Additional Public Prosecutor, representing the State, contends that the offence is of a serious nature. The co-accused was apprehended with 220 gms Ganja.

6.

Upon perusing the records, it transpires that the present case against the applicant relies solely on the co-accused's Page No. 2 of 4

statement. However, there is no other material connecting the applicant to the alleged crime. The applicant has no criminal antecedents. Given the circumstances, this Court is inclined to allow the application on the following terms. (i) In the event, the applicant is arrested in connection with CR No.0580 of 2024, registered at Ulhasnagar Police Station, Thane, he shall be released on bail on furnishing a PR Bond of Rs.25,000/- with one or more sureties in the like amount.

(ii) The applicant shall report to the police station for a period of three days i.e. 28, 29 and 30 June 2024, between 11:00 a.m. to 1:00 p.m. and thereafter, as and when required by the investigating agency.

(iii) The applicant himself or through any other person shall not indulge in any activity that would tamper with the evidence or influence the witnesses.

(iv) The applicant shall keep the investigating officer informed of his current address and Page No. 3 of 4

contact number and/or change of residence or mobile details, if any, from time to time. 7.

The application stands disposed of accordingly. [ R. N. Laddha, J. ] Page No. 4 of 4