Vipin Manoram Singh v. The State Of Maharashtra

Shivgan 16-BA-2259-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2259 OF 2025 Vipin Manoram Singh ...Applicant

Versus

State of Maharashtra

...Respondent

Ms Zehra Charania, with Ayaz Khan, Dilip Mishra & Mallika Sharma, for the Applicant.

Ms Manisha R Tidke, APP for the Respondent-State.

CORAM

DR. NEELA GOKHALE, J.

DATED:

26th SEPTEMBER 2025 PC:- 1.

This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with C.R.No.515 of 2023 registered with the Nayanagar Police Station for the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). The present Applicant is accused no.2 and he was arrested on 6th October, 2023.

Shivgan 16-BA-2259-2025.doc 2.

Ms. Zehra Charania, learned counsel for the Applicant, has brought to my notice an order dated 8th April 2025 by which the co-accused was enlarged on bail. She submits the role attributed to the present Applicant is similar to that of the co-accused. She submits that thus, on the principle of parity, the present Applicant also be enlarged on bail.

3.

Per contra, Mr. Yogesh Dabke, learned APP representing the State, also relied on the order dated 8th April 2025. He submits that the co-accused was a pharmacist and the present Applicant is a medical representative. According to him, it is the case of the prosecution that he was supposed to give the drugs to a hospital but has not given the same to the doctors. He also submits that there was a financial transaction between the co-accused. He submits that the principle of parity does not apply in the present matter.

4.

I have heard both the counsel and perused the record with their assistance. A plain reading of the order

Shivgan 16-BA-2259-2025.doc dated 8th April 2025 reveals that my predecessor has already considered all the facts argued by Mr. Dabke and on consideration of the said facts, co-accused was enlarged on bail. In any case, the Applicant was arrested on 6th October 2023 and has already suffered incarceration of about 2 years. Even as on date, charges are not framed.

5.

In view of the aforesaid discussion, more particularly on the principle of parity, I am inclined to grant bail to the present Applicant and it is ordered as under:

ORDER

(i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(ii) After his release from jail, Applicant shall report to the Investigating Officer as and when called for;

Shivgan 16-BA-2259-2025.doc (iii) Applicant shall attend the Trial Court on first Monday of every month between 11.00 a.m. and 1.00 p.m. to mark his presence. If the first Monday of the said month falls on a holiday and/or non-Court working day, the Applicant shall mark presence on the next working day;

(iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for cancellation of this order;

(v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court;

(vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner;

(vii) Before his actual release from jail, Applicant shall furnish his address where he proposes to reside after his release from

Shivgan 16-BA-2259-2025.doc jail, to the concerned Police Station and also to the Trial Court; and (viii) Any infraction of the aforesaid conditions shall entail cancellation of bail.

6.

It is clarified that the above observations in this order are limited for the purpose of granting bail only and I have not made any observations on the merits of the case and the trial shall be adjudicated on the basis of the evidence led by the parties uninfluenced by the present order and strictly in accordance with law.

7.

Bail Application is allowed and disposed.

(DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.09.26 18:42:54 +0530 SHAMBHAVI NILESH SHIVGAN