Asraf Sagir Ahmed Ali Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 610 OF 2026 Ashraf Sagir Ahmed Ali Shaikh ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Suresh M. Sabrad a/w. Mr.Amey C. Sawant, Adv. Eshwaree Kudalkar and ms Neha Parte i/b Mr. Pratik Sabrad for the Applicant. Mr. P.H. Gaikwad, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

10.03.2026.

P.C. :

1.

Mentioned out of turn.

2.

This is an application for anticipatory bail. 3.

The applicant is apprehending his arrest in Crime No. 1449 of 2025 registered at Dharavi Police Station for the offences punishable under Sections 8(c), 22(B) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 4.

It is the case of the prosecution that on 26th December 2025, the co-accused in the present crime was found in possession of 6 bottles of cough syrup containing 'codeine phosphate'. According to the prosecution, it was found that the said co-accused had purchased the said bottles of cough syrup from the medical shop owned by the present applicant and the same were sold to him without prescription.

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5.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 6.

Learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to cooperate in the investigation. It is submitted that there are no other criminal antecedents against the applicant. 7.

On the other hand learned APP for the respondent/State submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

8.

I have perused the FIR. Prima-facie there appears to be substance in the submission of the learned counsel for the applicant. There are no other criminal antecedents against the applicant. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.1449 of 2025 registered at Dharavi Police Station for the offences punishable under Sections 8(c), 22(B) and 29 of the NDPS Act, he be released on bail on executing P.R. Bond in the sum 2/3

of Rs.25,000/- with one surety or two sureties in the like amount.

C) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3