Krishnadev Bhramashankar Mishra v. State Of Maharashtra

(P.A.) 35-BA-2485-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2485 OF 2025 Krishnadev Bhramashankar Mishra ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ashraf Khan, for the Applicant.

Ms. Anuja S. Gotad, APP for the Respondent - State. Jagdish Parshu Gavit, API, Crime Unit-5, Thane City, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

11TH NOVEMBER 2025 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.440 of 2023 dated 31st December, 2023, registered with the Kasarwadavali Police Station, for the offences punishable under Sections 8(c), 20(b), 22(c), 27 and 29 of the NDPS Act and under Sections 65(e) of the Maharashtra Prohibition Act. 2.

The facts of the case, in brief, are that a secret information was received by the police that one Rave Party was organized by Accused Nos.1 and 2 in furtherance of their

(P.A.) 35-BA-2485-2025.doc common intention at Vadavali Village at the shore of Jetty in the open space belonging to Ganesh Raut. Invites were sent out to participants to pay an amount of Rs.1,000/- online to the organizers, to attend the part. A trap was set by the police after complying with all the provisions of the NDPS Act. Accused were apprehended at the Rave Party. There was 94 participants in all in the said party who were found to be under the influence of drugs, alcohol etc., and possession/consumption of the contraband. The accused Nos.1 and 2 were found in possession of 72 grams of Charas as well as 0.17 grams of LSD; Accused No.2 was found in possession of 200 grams of Ganja, 0.24. grams LSD and 2.10 grams of Ecstasy Pills. The other accused were also found to be in possession of the contraband. Accused No.5, the present Applicant was found in possession of 0.99 grams of LSD. All the accused were arrested pursuant to registration of the FIR. 3.

At the very outset, Mr. Khan, learned counsel for the Applicant, has drawn my attention to the compilation

(P.A.) 35-BA-2485-2025.doc placed on record, containing orders passed by the Sessions Court granting bail to all other co-accused. The Applicant was arrested on 4th January, 2024. Since all other co-accused have been granted bail, and the role attributed to the present Applicant is similar to the role attributed to the other coaccused, I see no reason to refuse bail to the present Applicant. All the accused were found to be in possession of various quantities of contraband. In these circumstances, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.1,00,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

(P.A.) 35-BA-2485-2025.doc iii) The Applicant shall also attend the Police Station concerned once in a month between 11:00 a.m. to 02:00 p.m.;

iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;

v) The Applicant shall not leave India, without the permission of the Trial Court;

vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court

(P.A.) 35-BA-2485-2025.doc seized of the matter and to the Investigating Officer of the Police Station concerned;

viii) The Applicant to co-operate with the conduct of the trial;

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

4.

Application is allowed in the above terms and is accordingly disposed of.

5.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J)