Divya Atul Gire v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 647 OF 2026 VAISHALI ANIL TIKAM Divya Atul Gire ...Applicant versus The State of Maharashtra

...Respondent

by VAISHALI ANIL TIKAM Date:

2026.04.24 12:59:14 +0530 _________________________________________________________________ Mr. Swapnil R. Chopade a/w. Rajesh S. Gangale, Advocate for Applicant. Mr. B.B. Kulkarni, APP for Respondent-State.

PSI Nilkant Tidke, Ranjangaon Police Station present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 21st APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this application, the Applicant is seeking regular bail in Crime No. 354 of 2025 registered with Ranjangaon MIDC Police Station, Dist. Pune for the offence punishable under Sections 8(c), 20(b)(ii)(C) and 29 of the NDPS Act.

3.

It is prosecution's case that on secret information, the police raided on the house of the Applicant and in the search of house, police found 28 kg. Ganja.

4.

It is contention of learned counsel for the Applicant that the

rent agreement of the said house is in the name of applicant's husband. He is absconding. Applicant is lady. She is behind bars more than seven moths. She is having 1 1/2 year child. She has no antecedents and requested to allow the application.

5.

It is contention of learned APP that when raid was conducted, Applicant was present in house. She along with co-accused was selling Ganja. The Ganja is recovered from the house of the applicant. The forensic report is positive. If applicant is released on bail, she may abscond and requested to reject the application.

6.

I have heard both learned counsel. Perused charge-sheet and documents produced on record. The documents produced on record shows that the house where Ganja found, was rented to the co-accused i.e husband of the applicant. To show the involvement of the applicant in the crime, evidence is required. Applicant is behind bar more than seven months. She is lady, having minor child. Other co-accused are absconding. It may take time to conclude the trial.

7.

Considering these facts, I pass following order:

ORDER

(i) The Applicant- Divya Atul Gire be released on bail in Crime No. 354 of 2025 registered with Ranjangaon MIDC Police Station, Dist. Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent

sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)