Anish Dayashankar Rajbhar Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 559 of 2018

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IN THE SPECIAL COURT FOR GREATER BOMBAY, BOMBAY
UNDER THE N.D.P.S. ACT.
N.D.P.S. BAIL APPLICATION NO.559 OF 2018
CNR NO.: MHCC02­010413­2018
(In crime No.34/2018 for offences under section 8(c) punishable under
section 20 and section 29 of the Narcotic Drugs and Psychotropic
Substances Act.)
Anish Dayashankar Rajbhar
Aged:25 years.

] APPLICANT
] ( ACCUSED)
V/s.
The State of Maharashtra, through the
SHO, ANC, Ghatkopar Unit, Mumbai.

] RESPONDENT
] (PROSECUTION)
APPEARANCE:
Ms. Suvidha Patil, Advocate for the Applicant.
Mr. P.S.Tawade, APP for the Respondent/State.
APPLICATION FOR BAIL UNDER SECTION 439 OF THE
CODE OF CRIMINAL PROCEDURE
CORAM :
SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE :
24th August, 2018.

ORDER
(Dictated and pronounced in open Court)
The applicant (accused no. 3 in the remand proceeding) was
arrested on 10.08.2018 on allegation by possessing 1 kg 200 gms of
ganja. Hence, he is seeking bail.
2.

The respondent (the prosecution) filed reply and opposed the
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bail.

I heard the learned advocate for applicant and the learned
additional public prosecutor. I perused the case papers.
3.

The quantum of 1 kg 200 gms of ganja allegedly seized from
the applicant is intermediary quantity i.e. more than small quantity but
less than commercial quantity.
judicial custody.

The applicant is already taken into
The bail is opposed on the ground that the applicant
is a habitual dealer in drugs and if released on bail, he may repeat the
offence. In view of the these fact, I am of the opinion that even if the
bar of section 37 of the N.D.P.S. Act is not attracted, in the interest of
the applicant, necessary stringent conditions should be imposed.
Hence, the following order is passed.
FINAL ORDER
The applicant be released on furnishing a P.R. Bond of
Rs.25,000/­with one or two solvent sureties of Rs. 25,000/­
on the following conditions.
The applicant shall not commit any offene similar to
the offence of which he is accused.
The applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
The application is allowed and disposed off
accordingly.
(S.V. YARLAGADDA)
Additional Sessions Judge,
Greater Bombay.

Date: 24/08/2018.
Order Dictated on
Transcribed on
Signed on
:
:
:
24/08/2018
27/08/2018
27/08/2018
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
10/09/2018 at 5.30 p.m.

PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge
HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order
24/8/2018
Order signed by P.O. on
27/08/2018
Order uploaded on
10/09/2018