Anant Sarjerao Jaybhave vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

Anant Sarjerao Jaybhave vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim bail granted until further orders (expressed as till the conclusion of the inquiry) on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount; Deputy Commissioner of Police (Crime), Nashik directed to inquire into the applicant's allegations against the Investigating Officers within six weeks; application listed for further consideration on 16th April 2025. Final decision on regular bail not rendered.

Issue for consideration

Whether the applicant (Accused No. 3 in Crime No. 12 of 2024, Indiranagar Police Station, Nashik, charged under Sections 8(c), 22(b) and 29 of the NDPS Act, 1985) should be released on regular bail. +1 more

Court's answer

Considering the facts and circumstances of the case, the Court was inclined to release the applicant on interim bail till the conclusion of the inquiry.

Ratio / Principle

The Deputy Commissioner of Police (Crime), Nashik is directed to inquire into the allegations made by the applicant in his affidavit against the Investigating Officers, with an endeavour to conclude the inquiry within six weeks from the date of receipt of the order.

Key takeaways

The applicant is to be released on interim bail until further orders in Crime No. 12 of 2024 on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.ratio¶8

Detailed headnote1 paragraphs

Bail – NDPS Act, 1985, Ss. 8(c), 22(b), 29 – Applicant, Accused No. 3 in Crime No. 12 of 2024 of Indiranagar Police Station, Nashik (about 20 gm Mephedrone found on co-accused Nos. 1 and 2 on 17-01-2024) – By affidavit dated 14-02-2025 applicant made 'serious allegations' against the Investigating Officers – Held: Deputy Commissioner of Police (Crime), Nashik directed to inquire into the said allegations, endeavouring to conclude the inquiry within six weeks from receipt of the order – Considering the facts and circumstances, applicant released on interim bail until further orders, i.e., till conclusion of the inquiry, on furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount – Application listed for further consideration on 16-04-2025; question of regular bail left open.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4341 OF 2024

Anant Sarjerao Jaybhave ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Aniket Vagal, Advocate for the Applicant.

Mr. T. G. Khan, A.P.P. for the Respondent – State.

Mr. Sachin Chaudhari (API), ANC, Crime Branch, Nashik City, present.

P.C.:

This is an application for regular bail

The applicant came to be arrested in Crime No.12 of

2024 registered at Indiranagar Police Station, Nashik, for the offences punishable under Sections 8(c), 22(b), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The present applicant is the Accused No.3 in the aforementioned crime.

On 17^th January 2024, the Accused Nos.1 and 2 were

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apprehended and about 20 gm of Mephedrone (MD) was found in their possession.

In the affidavit filed by the applicant dated 14-022025, the applicant has made serious allegations against the Investigating Officers. For the ease of reference the said affidavit is scanned and reproduced herein below :

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The allegations are of very serious nature. In that view of the matter, the Deputy Commissioner of Police (Crime), Nashik is hereby directed to inquire into the allegations made by the present applicant in the aforesaid affidavit. An endeavour shall be made to conclude the inquiry within a period of six weeks from the date of receipt of this order.

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Considering the facts and circumstances of the case, I

am inclined to release the applicant on interim bail till the conclusion of the inquiry.

The applicant shall be released on interim bail until further orders in Crime No.12 of 2024 registered at Indiranagar Police Station, Nashik, for the offences punishable under Sections 8(c), 22(b), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on furnishing the P. R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

List the present application for further consideration on 16^th April 2025.

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