Dayanand Mahadev Aarkile v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3671 OF 2025 Dayanand Mahadev Aarkile .....Applicant Vs.

The State of Maharashtra .....Respondent Mr. Yogiraj Purwant with Mr. Ashutosh Purwant, for the Applicant. Mr. Nitin B. Patil, APP, for the Respondent-State. Mr. S. G. Lokare, PC/2140, Barshi Taluka Police Station, Solapur Gramin is present.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 5th FEBRUARY 2026 P.C.:- 1.

The Applicant is arrested in Crime Registration No.262 of 2025 registered with Barshi Taluka Police Sation, Solapur Gramin for the offences punishable under Sections 8(c) and 20(b)(ii)(C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 ('NDPS Act'). 2.

It is alleged that on the information received, the raid was conducted and the truck having the ganja was seized. During investigation the accused has given the statement that earlier he sold the ganja to this Applicant. It was found that there was transaction of Rs.15,000/- between this Applicant and accused No.6 and, therefore, this Applicant was arrested and since then he is in custody. 1/4

3.

The counsel for Applicant has stated that the Applicant is arrested on the statement made by the co-accused. As per the statement of co-accused, earlier this Applicant has purchased ganja amounting to Rs.15,000/-. The counsel for Applicant stated that the offence under Section 22(a) of the NDPS Act will attract against this Applicant which is bailable. Hence, prayed to release him on bail. 4.

The learned APP opposed the application stating that the investigation is not yet completed, chargesheet is not filed and allegations are serious in nature. The account statement shows that there are Rs.63,11,421/- lying in account of accused No.7. As there is huge amount and it must be collected from the purchase transaction of said ganja, the custody of the Applicant is required. Hence, payed to reject the application.

5.

Heard the learned counsel appearing for both the parties. 6.

On perusal of the FIR, it appears that the co-accused has mentioned the name of this Applicant during his interrogation, which is inadmissible. As per the statement, there is transaction between accused Nos.6 and 7 and as the name of this Applicant is disclosed 2/4

on the statement made by the co-accused, the applicant is arrested. The Application is allowed in the following terms and conditions: i) The applicant, namely, Dayanand Mahadev Aarkile shall furnish personal bond of Rs.50,000/- with his recent selfattested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer;

ii) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required;

iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; iv) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; v) The applicant shall not leave the territory of Barshi, Solapur, without prior permission of the court, till trial is over;

vi) The applicant shall maintain law and order;

vii) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating 3/4

officer, and the court concerned, and shall not change the residence till the final disposal of the case; viii) The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

ix) The applicant shall regularly remain present during the trial, and cooperate with the learned trial Court to complete the trial for the above offences.

(MRS. VRUSHALI V. JOSHI, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2026.02.06 12:16:52 +0530 RAJU DATTATRAYA GAIKWAD 4/4