Ram Lakhan Patel v. Union Of India And ANR

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1681 OF 2025 Ram Lakhan Patel .. Applicant

Versus

Union of India & Anr.

.. Respondents ....................

 Ms. Shaheen Kapadia a/w Mr. Kunal Rathod i/by Ms. Vrushali Maindad for Applicant  Mr. Rushikesh M. Pethe, APP for Respondent No. 2 - State ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 28, 2025 P. C.

:

1.

Heard Ms. Kapadia, learned Advocate for Applicant and Mr. Pethe, learned APP for Respondent - State.

2.

Applicant is working in a Pharmaceutical Company and apprehended in a NDPS offense. The case of prosecution is that accused No. 1 on he being arrested disclosed names of remaining 4 accused persons i.e. accused Nos. 2 to 5. Insofar the case directed against the present Applicant - accused No. 4 is concerned, accused No. 1 disclosed that accused No.4 aided him in trading / trafficking and the monetary transactions concerned with the alleged contraband in question.

3.

Ms. Kapadia would submit that accused Nos. 2 and 3 have been enlarged on bail. She would submit that case of present Applicant is

on parity with accused Nos. 2 and 3 considering that disclosure was made of all the remaining accused persons by accused No. 1 on he being apprehended with conscious possession of the alleged contraband.

4.

Prima facie, a substantive case is made out for grant of bail on parity. Applicant was arrested on 01.05.2024 and has been in incarceration for more than 11 months.

5.

In view of the above strong facts, prosecution shall ascertain veracity of the submissions made by Ms. Kapadia and accordingly apprise the Court on the next adjourned date when present Application shall be heard and decided by the Court. 6.

Ms. Kapadia would inform the Court that the case has been registered by NCB i.e. Union of India.

7.

Hence, issue notice to Respondents. Mr. Pethe, learned APP waives notice on behalf of Respondent No. 2 - State. 8.

Respondent No. 1 is directed by the Court to ensure that its affidavit in reply is positively filed within a period of four weeks from today. No further extension of time shall be given to Respondent No. 1 to file the same.

9.

Considering the aforesaid strong facts fo the case, list the matter on 9th June, 2025. To be placed under the caption "for Directions". Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.04.28 15:19:02 +0530 RAVINDRA MOHAN AMBERKAR