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Bombay High CourtBA/3463/2025allowed

Salim Yusuf Bagwan v. State Of Maharashtra

2025-09-24Hon'Ble Justice Dr. Neela Kedar Gokhale3 pages

Minal Parab

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3463 OF 2025 Salim Yusuf Bagwan ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Maaz Ansari, for the Applicant.

Mr. Yogesh Y. Dabke, APP for the Respondent.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

The Applicant seeks his release on bail in connection with FIR No.13 of 2022 registered with AntiTerrorism Squad, Kalachowki Unit, Mumbai, for offences punishable under Sections 8(c), 20 and 29 of the Narcotics and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 2.

At the very outset, Mr. Ansari, learned counsel appearing for the Applicant has drawn my attention to an order passed by the Supreme Court on 18.07.2025 in S.L.P. MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2025.09.25 14:00:56 +0530

(Criminal) No.5504 of 2025. By way of this order, the Apex Court has enlarged the co-accused on bail on certain conditions as the Trial Court may deem fit and proper to impose in the facts of the case.

3.

Mr. Ansari, learned counsel for the Applicant states that the role of the present Applicant is similar to the role of the co-accused, who is enlarged on bail by the Supreme Court. No recovery is made from the Applicant and it is only on the basis of some financial transactions between the parties that he has been implicated in the said offence and arrested. The Supreme Court in its order, as aforesaid, has already dealt with this issue insofar as the co-accused is concerned. 4.

Mr.Yogesh Dabke, learned APP agrees that the implication of the present Applicant is based on certain financial transactions between the parties and recovery of some CDRs. He further submits that there are four persons, who have given their statements that they have purchased contraband substance from the present Applicant.

5.

Be that as it may, the Supreme Court has already considered all the contentions of the prosecution, including those which are argued by Mr. Dabke and has enlarged the coaccused on bail. Even in the case of the present Applicant, there are no antecedents.

6.

In this view of the matter, the Bail Application is allowed and the Applicant shall be released on bail in the said criminal case on such terms and conditions as the Trial Court may deem fit and proper to impose in the facts and circumstances of the present case.

(Dr. Neela Gokhale, J)