Nandan Dinesh Yadav and Anr. vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Nandan Dinesh Yadav and Anr. vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No bail granted or refused in this interim order. Operative directions: the Investigating Officer (Sahar Police Station, Mumbai) is to (i) ascertain the contents of the additional Affidavit and investigate/report on the background and credentials of Accused No.5, and (ii) investigate and place on record material confirming that Accused No.4 is an employee of Accused No.3 in the Courier Company assigned to deliver the parcel at the Airport; report to be filed within one week; Bail Application of Accused Nos.4 and 5 to be considered thereafter; matter stood over to 12th March 2025 ('Supplementary Board').

Issue for consideration

Whether Accused No.4 is indeed an employee of Accused No.3 in the Courier Company, merely assigned the job of delivering the parcel (alleged contraband) at the Airport. +1 more

Court's answer

The Investigating Officer is further directed to investigate and place on record material establishing that Accused No.4 is indeed an employee of Accused No.3 in the Courier Company, assigned only to deliver the parcel at the Airport.

Ratio / Principle

The Investigating Officer is directed to investigate and assess the credentials and background of Accused No.5 (in light of the additional Affidavit stating he works in a private company) and to inform the Court by filing an appropriate report.

Key takeaways

The compliance report is to be filed within one week so that the Court can then consider the Bail Application of Accused Nos.4 and 5; the matter stands over to 12th March 2025 on the Supplementary Board.ratio¶judg ¶9

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction — Criminal Bail Application No. 4701 of 2024 (Milind N. Jadhav, J.) (order dated 05-03-2025). Applicants Nandan Dinesh Yadav and Akhilesh Gajraj Yadav, arraigned as Accused Nos. 4 and 5, sought bail in a case concerning alleged contraband — Hydrogen Peroxide, described as an 'inflammable powder like substance' — delivered in a box at the Airport; counsel stated both had been working with the Courier Company under Accused No.3. Counsel informed the Court that Accused No.5 does not work for the Courier Company and had merely accompanied Accused No.4 to the Airport when the latter went to deliver the parcel, as Accused No.4 did not have conveyance; an additional Affidavit stating that Accused No.5 works in a private company was taken on record. The Court directed the Investigating Officer, Sahar Police Station, Mumbai, to (i) ascertain the Affidavit's contents and investigate and report on Accused No.5's credentials and background, and (ii) investigate and place on record material that Accused No.4 is indeed an employee of Accused No.3 in the Courier Company, merely assigned to deliver the parcel at the Airport. Report within one week; matter stood over to 12th March 2025 on the 'Supplementary Board'. Interim procedural order only — no bail decision rendered; no statute or precedent cited.

919.BA.4701.24.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4701 OF 2024

Nandan Dinesh Yadav

Akhilesh Gajraj Yadav .. Applicants Versus The State of Maharashtra .. Respondent

Mr. Dileep Satale a/w. Shagufa Patel, Ms. Padma Chinta and Ms. Nikita Mandaniyan, Advocates for Applicants.

Ms. Rajeshree V. Newton, APP for Respondent – State.

Mr. Kishor Kharat – PSI, Sahar Police Station, Mumbai present.

CORAM : MILIND N. JADHAV, J. DATE : MARCH 05, 2025.

P.C.:

1. Heard Mr. Satale, learned Advocate for Applicants and Ms Newton, learned APP for Respondent – State.

2. I am informed by the learned Advocate for Applicant that both the Applicants in the present Application were working with the Courier Company under Accused No.3.

3. Applicants before me are arraigned as Accused Nos.4 and 5. Yesterday, when the Application was listed before me for hearing, pursuant to my previous order, learned Advocate for Applicant at the outset informed me that Applicant No.2 i.e. Accused No.5 does not work in the Courier Company whereas he had accompanied Accused No.4 to the Airport to enable him to deliver the alleged contraband /

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919.BA.4701.24.doc

parcel at the Airport.

4. He would inform the Court that on the day on which the said parcel was required to be delivered at the Airport, Accused No.4 did not have conveyance and therefore he persuaded Accused No.5 to accompany him on the motorcycle which belonged to him to enable the Accused No.4 to deliver the parcel which is the concerned alleged contraband namely Hydrogen Peroxide (inflammable powder like substance) delivered in a box at the Airport.

5. Today, learned Advocate for Applicant has placed on record an additional Affidavit explaining the aforesaid position since the Court wanted to know the background of Accused No.5 who was accompanying the Accused No.4. He informed the Court yesterday that Accused No.5 was working in a private company. Additional Affidavit filed by the Advocate for Applicant is taken on record.

6. In view of the above, Investigating Officer is directed by this Court to ascertain the contents of the additional Affidavit in so far as Accused No.5 is concerned. Investigating Officer is directed to investigate and assess his credentials and details and accordingly inform the Court by filing an appropriate report about the background of Accused No.5.

7. Concerned Investigating Officer shall also investigate and place on record material to the effect that Accused No.4 is indeed an

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919.BA.4701.24.doc

employee of Accused No.3 in the Courier Company and was merely assigned the job to deliver the parcel at the Airport.

8. The aforesaid directions shall be complied with and appropriate report shall be made to the Court to enable the Court to consider the present Bail Application of Accused Nos.4 and 5.

9. Let the report be filed within a period of one week from

today.

10. Stand over to 12^th March, 2025 . To be placed on the

‘ Supplementary Board ’.

[ MILIND N. JADHAV, J. ]

Ajay

Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2025.03.05 14:50:50 +0530

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