Himanshu Subhash Shrimali vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2026)

Himanshu Subhash Shrimali vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Applicant enlarged on bail on PR Bond of Rs. 50,000 with one or two local sureties in the like amount, subject to conditions: attendance at Trial Court on every date unless exempted; reporting at the concerned Police Station on the first Monday of every month (11:00 a.m.–02:00 p.m.); deposit of passport if held; no departure from India without Trial Court permission; no tampering with/influencing/contacting complainant, witnesses or concerned persons; disclosure of latest residence and contact details; co-operation with the trial; any infraction entails cancellation of bail.

Issue for consideration

Whether the Applicant should be enlarged on bail in C. R. No. 293 of 2022 given that no recovery was effected from him and his implication rests solely on the statement of a co-accused. +1 more

Court's answer

Admittedly, no recovery was made from the present Applicant; he was arrested on the basis of the statement made by Accused No. 3.

Ratio / Principle

There are no antecedents against the Applicant; it is probable that he may not repeat the said offence.

Key takeaways

Although arrested on 7 April 2023, charges against the Applicant are not framed till date; the trial is therefore unlikely to be concluded in the foreseeable future, supporting his release on bail.ratio¶¶27
Since co-accused Nos. 1 and 3, who are primarily involved in the commission of the offence, were already enlarged on bail (orders of 27 January 2026 and 30 January 2024), the Applicant is entitled to bail on the ground of parity; it is a fit case to grant bail.ratio¶¶8
The Applicant is enlarged on bail on executing a PR Bond of Rs. 50,000 with one or two local sureties in the like amount, subject to the enumerated conditions (trial-court attendance, monthly police-station reporting, passport deposit, no departure from India without permission, no contact with complainant/witnesses, disclosure of residence/contact details, co-operation; infraction entails cancellation of bail).

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Dr. Neela Gokhale, J. — Bail Application No. 4323 of 2024, decided 10 February 2026. Bail granted to Himanshu Subhash Shrimali in C. R. No. 293 of 2022 (Nizampura Police Station, Bhiwandi) registered under IPC Ss. 328, 353, 273, 276 r/w 34, NDPS Act Ss. 18(A), 18(a)(4), 18(c), 27(b)(ii), 27(d), 8(C), 22, 29, Arms Act, 1959 Ss. 4, 25 and Maharashtra Police Act, 1951 Ss. 37(i), 135, following seizure of a knife and 205 bottles (108 'Maxcoff', 97 'RCX-Care') of Chlorpheniramine Maleate and Codeine Phosphate Syrup on 14 December 2022. Decision grounds: no recovery attributable to the Applicant; arrest founded solely on the statement of Accused No. 3; no adverse antecedents; charges still unframed despite arrest on 7 April 2023, making conclusion of trial improbable; and parity with co-accused Nos. 1 and 3 — described as primarily involved — already enlarged on bail by orders dated 27 January 2026 and 30 January 2024. An earlier bail plea had been rejected by the Special Judge (NDPS), Thane on 23 August 2024. Release ordered on PR Bond of Rs. 50,000 with like surety/sureties, subject to attendance, monthly police-station reporting, passport deposit, no exit from India without permission, no-contact and disclosure conditions. All observations expressly declared prima facie and confined to the application.

Gayatri Shimpi

(P.A.) 23-BA-4323-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4323 OF 2024

Himanshu Subhash Shrimali …Applicant Versus State of Maharashtra …Respondent

Mr. Kamlesh Satre a/w Mr Vikas Chavan, for the Applicant. Ms. Poonam Bhosale, APP, for the Respondent No. 1 – State. Mr. Jagdish Gite – PSI , Nizampura Police Station, Bhiwandi, Thane City.

CORAM DR. NEELA GOKHALE, J. DATED: 10^TH FEBRUARY 2026

PC:-

1. By the present Application, the Applicant seeks his enlargement on bail in connection with C. R. No. 293 of 2022 registered with the Nizampura Police Station, for the offences punishable under Sections 328, 353, 273, 276 r/w Section 34 of Indian Penal Code (for short ‘IPC’), Sections 18(A), 18(a) (4), 18(c), 27(b)(ii), 27(d) and Sections 8(C) 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) along with Sections 4 and 25 of the

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Gayatri Shimpi (P.A.) 23-BA-4323-2024.doc

Arms Act, 1959 and Sections 37(i) and 135 of the Maharashtra Police Act, 1951.

2. The case of the prosecution, in brief, is that while the police were on patrolling duty they found two persons lurking in suspicious circumstances waiting for a certain vehicle. There were some bags in their possession. On being intercepted, one of the two persons herein, took out a knife from his waist and gestured at the police, threatening them that they will be killed if they proceeded further. He made a hue and cry, people in the street started to run away. The police squad was able to pacify and apprehend the two accused. Upon their personal search and after seizing the knife, 108 bottles of Rx Chlorpheniramine Maleate and Codeine Phosphate Syrup ‘Maxcoff’ 100 ml each and 97 bottles of Rx Chlorpheniramine Maleate and Codeine Phosphate Syrup 'RCX-Care' 100 ml each, were found in the bags. A panchanama was recorded which commenced at 2:30 a.m. on 14th December 2022 and ended at 03:15 a.m. on the

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Gayatri Shimpi

(P.A.) 23-BA-4323-2024.doc

same date. The Food and Drug Inspector was called and her statement was recorded. The statements of other witnesses were also recorded. The incident was recorded in the general diary and accused were arrested on the same date i.e. on 14th December 2022. Accused No. 1 namely, Saddaf @ Chapad Abdul Rehman Ansai, the present Applicant was arrested on 7^th April, 2023.

3. The Applicant made an application seeking bail before the Special Judge (NDPS), Thane, however, by order dated 23^rd Aug 2024, the said application was rejected. Hence, the Applicant has filed the present Bail Application for the reliefs as prayed.

4. Mr. Kamlesh Satre, learned counsel for the Applicant submits that there was no recovery made from him; only on the basis of the statement made by the co-accused, the present Applicant is arrested. He further submits that there is no material on record to indicate his complicity in the offence;

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hence, Mr. Kamlesh Satre submits that the Applicant be enlarged on bail.

5. Ms. Poonam Bhosale, learned APP, states that there is a Report on record indicating that the present Applicant was in a contractual relationship with the Accused No. 3, who is involved in the transport business and also supplied gunny bags. The present Applicant facilitated the Accused No. 3 in the said business. She further submits that the offence is serious and the Application be rejected.

6. I have heard learned counsel for the respective parties and perused the records were with the assistance.

7. Admittedly, there is no recovery made from the present Applicant and on the basis of the statement made by Accused No. 3, he was arrested. Admittedly, there are no antecedents against the Applicant. Hence, it is probable that he may not repeat the said offence. The Applicant was arrested on 7^th April 2023 and till date charges are not framed. It is thus,

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unlikely that the trial is likely to be concluded in the foreseeable future.

8. Mr. Kamlesh Satre has also relied upon the orders dated 27^th January 2026 and 30^th January 2024 enlarging coaccused on bail. The said co-accused were Accused No. 1 and Accused No. 3, who are primarily involved in the commission of the said offence. Hence, in view of the ground of parity, it is a fit case to grant bail.

9. In these circumstances, I am inclined to enlarge the

Applicant on bail. It is accordingly ordered as under: -

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount;

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Gayatri Shimpi

(P.A.) 23-BA-4323-2024.doc

ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the Police Station concerned on the first Monday of every month between 11:00 a.m. to 02:00 p.m.;

iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;

v) The Applicant shall not leave India, without the permission of the Trial Court;

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

vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or

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mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer

of the Police Station concerned;

viii) The Applicant to co-operate with the conduct of the trial;

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

10. Application is allowed in the above terms and is accordingly disposed of.

11. It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.

(DR. NEELA GOKHALE, J)

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