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Bombay High CourtBA/2801/2025disposed off

Sonu Jugnu Prajapati v. The State Of Maharashtra And ANR

2026-06-09Hon'Ble Shri Justice Shyam C. Chandak4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2801 OF 2025 Sonu Jugnu Prajapati .... Applicant V/s.

Union of India and anr.

...Respondents

Mr. Anil G. Lalla a/w. Mr. Rushi K. Alag, Mr. Yashi S. Pulekar, Ms. Yashvi Jain and Adv. Dewang R. i/b. Lalla and Lalla for the Applicant.

Mr. S.K. Halwasia, Special PP with Ms. S.S. Halwasia for Respondent No.1 - Union of India.

Mr. H.J. Dedhia, APP for the Respondent No.2 - State.

CORAM:

SHYAM C. CHANDAK, J.

DATED :

9th JUNE, 2026 1.

The instant Application seeks release of the Applicant on bail in C.R.No.22/2023 registered with Narcotics Control Bureau ("NCB"), Mumbai for commission of the offences punishable under Sections 8(c) read with 22(c), 23(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances ("NDPS ") Act, 1985. 2.

Heard Mr. Lalla, learned Counsel for the Applicant, Mr. Halwasia, learned Special PP for the Respondent No.1-UOI and Mr. Khan, learned APP for the Respondent No.2 - State. 3.

The prosecution case is that specific information was received by the NCB, Mumbai that two suspicious courier parcels containing Alprazolam tablets 1 Mgs with brand name Rlam-1 were lying at Integrated Courier and Logistics Unit No.5, Arvind Chambers, Sai Services Building, Near Darpan Cinema Bus Stop, Western Express Highway, Andheri (E), Mumbai. The NCB

Officers went there and following the mandate of NDPS Act, inspected the said parcels. The parcles were containing 1000 strips of Alprazolam tablets, each stripe containing 15 tablets. The police officials were permitted by competent authority for a controlled delivery for the intercepted consignment and accordingly, dummy parcels were prepared and dispatched. Investigation revealed that the parcels were booked using fake credentials, SIM cards activated under fake identities at Lucknow. The phone number available on one of the consignment led to arrest of Accused No.1 - Samar Sonkar, who, on interrogation revealed that the said contraband was supplied to him on his request by Accused No.2 - Aqeel Ahmad. Hence, Accused No.2 came to be arrested. During investigation, Accused Nos.1 and 2 disclosed that the contraband was supplied by the Applicant. The completion of investigation led to filing of charge-sheet against Accused Nos.1 and 2. Thereafter, the Applicant came to be arrested. The Bail Application filed by the Applicant came to be rejected by the learned Special Court. 4.

Mainly, the involvement of the Applicant in the present crime is based on the statement made by Accused Nos.1 and 2 before the officer/s of the NCB. The case against Accused Nos.1 and 2 and the present Applicant is similar. Accused Nos.1 and 2 have been released on bail. Therefore, as submitted by the learned Counsel Mr. Lalla, the Applicant is entitled for bail on the ground of parity. The ground of parity is conceded by Mr. Halwasia, learned Special PP for Respondent No.1-NCB.

5.

The Applicant is behind bars since 27/08/2024. His detention in jail is not required for any purpose. The Applicant is sole earning member of his family consisting of his wife and old age parents. The Applicant has no criminal antecedents. He is not

likely to abscond and tamper with the prosecution evidence. Although, the charge is framed, the trial arising out of the said FIR will take considerable time to conclude.

6.

In view thereof, I am inclined to allow this Application. Hence, following Order :- (a) The Applicant - Sonu Jugnu Prajapati be released on bail in C.R.No.22/2023 registered with Narcotics Control Bureau, Mumbai for commission of the offences punishable under Sections 8(c) read with 22(c), 23(c), 27A, 28 and 29 of the NDPS Act, on his executing P.R. Bond in the sum of Rs.1,00,000/- with one or two sureties in the like amount.

(b) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (c) Since the Applicant is the resident of Lucknow, Uttar Pradesh, therefore, he shall mark his attendance in the office of NCB, Lucknow, on 1st date of each calender month between 11:00 a.m. to 2:00 p.m. till the conclusion of the trial.

(d) The Applicant shall deposit his passport, if any, with the NCB, Mumbai.

(e) The Applicant shall not leave India without permission of the trial Court.

(f) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly

influence upon the prosecution witnesses to prevent them from deposing against him.

(g) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(h) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove.

7.

Bail Application stands disposed of in aforesaid terms. PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2026.06.11 12:07:42 +0530