Reshma Mujahid Khan v. The State Of Maharashtra

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4133 of 2025 Reshma Mujahid Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Dilip Mishra, with Ayaz Khan, Zehra Charania and Mallika Sharma, for the Applicant.

Mr Yogesh Y Dabke, APP for the State-Respondent. Ms Dipali Pawase, PSI attached to RCF Police Station, present.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

The Applicant seeks her release on bail in connection with FIR No.159 of 2025 dated 19th March 2025 registered with the RCF Police Station, Brihanmumbai City for the offences punishable under Sections 8(c), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

2.

There are in all 11 Accused. The Applicant is Accused No.11.

3.

Mr. Dilip Mishra, learned counsel appearing for the Applicant, submits that the Applicant is sought to be implicated in the present offence along with other Accused only on the basis of statement of Co-accused, namely, Shakil Ahamad Memon @ Shakil Chikna, that he distributed the contraband substance in India through many distributors including the Applicant. He submits that apart from the said Nivedan Panchanama and the statement contained in it, there is no other material to indicate involvement of the Applicant in the said offence.

4.

Per contra, Mr. Yogesh Dabke, learned APP appearing for the State in the matter, has drawn my attention to an order dated 10th October 2025 passed by the Special Judge (NDPS), City Civil & Sessions Court, Greater Bombay wherein it is observed that there are some pictures in the mobile phone of the Applicant indicating her involvement. Mr. Dabke, however,

fairly concedes that there are no antecedents against the Applicant. Nevertheless, he prays that the Bail Application be rejected, considering the web of the Accused in intending to manufacture the contraband substance by setting up a factory in India and distributing the same.

5.

Heard learned counsel appearing for the parties and perused the record with their assistance.

6.

Apart from the observation of the Special Judge (NDPS), Greater Bombay, that there were some pictures found in the mobile phone of the Applicant, which was seized by the Police on her arrest, there is no other material on record to indicate her complicity in the said offence. There are no financial transactions between the Applicant and the other Co-accused to indicate her connection with the Co-accused pertaining to the said offence. Admittedly, there are no antecedents against the Applicant, I am inclined to enlarge the Applicant on bail. Hence, I pass the following order:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Police Station concerned once in a month on the first Monday of every month between 11:00 a.m. to 02:00 p.m.; iii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

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

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 her latest place of residence and mobile number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court 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.

7.

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

8.

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) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.11.19 11:47:58 +0530 SHAMBHAVI NILESH SHIVGAN