Ashish Dayabhai Rathod vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

Ashish Dayabhai Rathod vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim (temporary) bail for four days from the date of release, against cash bail of Rs. 15,000/- furnished immediately, subject to conditions: daily attendance at Vakola Police Station; surrender before Mumbai Central Prison (Arthur Road Jail) at the end of the 4th day; no tampering with or contacting the complainant, witnesses or persons concerned; disclosure of residence and mobile details to the Court and the Investigating Officer; cancellation of bail on any infraction. The bail application is to be considered on merits on 22nd November 2025.

¶Judgment para 4

Issue for consideration

Whether the Applicant should be released on interim bail on the ground that his mother has recently passed away and he is required to attend her last rites.

¶Judgment para 2

Court's answer

Considering that the Applicant is required to attend the last rites of his deceased mother, the Court enlarged the Applicant on temporary (interim) bail for a period of four days from the date of release, on the conditions set out in the Order, the bail application remaining to be considered on merits.

¶Judgment para 4

Ratio / Principle

The Applicant is permitted to furnish cash bail of Rs. 15,000/- for his immediate release on interim bail.

¶Order clause (i)

Key takeaways

Condition of interim release: the Applicant shall attend Vakola Police Station every day as per his convenience.ratio¶Order clause (ii)
Condition of interim release: at the end of the 4th day from his date of release, the Applicant will surrender himself before the Mumbai Central Prison (Arthur Road Jail), without fail.ratio¶Order clause (iii)
Condition of interim release: the Applicant shall not tamper with or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

Detailed headnote1 paragraphs

Bombay High Court (Dr. Neela Gokhale, J.), Bail Application No. 3641 of 2024, Ashish Dayabhai Rathod v. The State of Maharashtra (decided 16th October 2025): The Applicant, facing prosecution in C.R. No. 217 dated 18th March 2023 of Vakola Police Station for offences under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 4 of the Maharashtra Prevention of Gambling Act, 1887, pressed only for interim bail to attend the last rites of his mother, who had recently passed away. The learned APP stated that the Investigating Officer had verified the Applicant's submissions and conceded a short release on conditions. The Court enlarged the Applicant on temporary bail for four days from the date of release, permitting cash bail of Rs. 15,000/- for immediate release, with conditions of daily attendance at Vakola Police Station, surrender before Mumbai Central Prison (Arthur Road Jail) at the end of the fourth day, abstention from tampering or contacting the complainant or witnesses, disclosure of residence and mobile particulars, and liability to cancellation of bail on any infraction. Consideration of the bail application on merits was posted to 22nd November 2025.

901-BA-3641-2024

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 3641 OF 2024

Ashish Dayabhai Rathod ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Rushan Balsara h/f Mithilesh Mishra, for the Applicant. Ms. Anamika Malhotra , APP for the State-Respondent. PSI – Sandip Rahane , DCB CID Unit-6, Chembur, is present.

CORAM Dr. Neela Gokhale, J. DATED: 16^th October 2025

PC:-

1. The Applicant seeks his release on bail in connection

with C.R. No. 217 dated 18^th March 2023 registered with Vakola Police Station for the offences punishable under Sections 8(c), 20(b) (ii) (c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 4 of

the Maharashtra Prevention of Gambling Act, 1887.

2. Presently, Mr. Rushan Balsara, learned Counsel for the

Applicant, is pressing this application only for interim bail on

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901-BA-3641-2024

the ground that the mother of the Applicant has recently passed away and he is required to attend the last rites of his mother.

3. Ms. Anamika Malhotra, learned APP, states that the Investigating Officer has verified the submissions made by the learned Counsel for the Applicant and fairly concedes that the Applicant be released for a short period on some conditions.

4. In view of the aforesaid and considering the fact that the Applicant is required to attend the last rites of his deceased mother, I am inclined to enlarge the Applicant on temporary bail for a period of four days from the date of his release and it is ordered as under:

ORDER

i) The Applicant be enlarged on interim bail; he is permitted to furnish cash bail of Rs. 15,000/- for his release immediately.

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ii) The Applicant shall attend the Vakola Police Station, everyday as per his convenience;

iii) At the end of the 4^th day from his date of release, the Applicant will surrender himself before the Mumbai Central Prison (Arthur Road Jail), without fail;

iv) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

v) The Applicant shall inform his latest place of residence and mobile contact 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 concerned Police Station;

vi) Any infraction of the aforesaid conditions shall entail cancellation of bail and he will be liable to be taken into custody immediately.

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5. Stand over to 22^nd November 2025 for consideration of

the bail application on merits.

(Dr. Neela Gokhale, J)

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