BA 446.24
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MHCC020030512024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 446/2024
IN
C. R. NO. 59 OF 2024
1. Sikandar Ali Mohd. Razzaqeu Shaikh @
Sikandar Rajjak Shaikh
Age : 24 years, Occ.: -R/o : R. No.50, Hari Masjid Chawl,
Kurla – (West), Mumbai – 400 070.
2. Om Prakash @ Omprakash Hajariram
Sahu @ Chhotu
Age : 23 years, Occ.: -R/o : R. No.9, Road No.5,
Barky Rama Compound,
Akurli Road, Kandivali (East),
Mumbai – 400 101.
V/s.
The State of Maharashtra
(Kurla Police Station)
… Applicants no.1 & 2.

… Respondent
Appearance :Mr. Talekar, Adv. for applicants/accused.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
02.03.2024
ORDER
The instant application has been filed by the applicants
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Sikandar Ali Mohd. Razzaqeu Shaikh @ Sikandar Rajjak Shaikh and
Om Prakash @ Omprakash Hajariram Sahu @ Chhotu, under Section
439 of the Code of Criminal Procedure, 1973 for grant of regular bail in
connection with Crime No. 59/2024 registered under Sections 8(c) read
with Section 21(b) & 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 registered with Kurla Police Station, Mumbai.
2.

In short, according to the applicants they have not
committed any crime and they have been falsely arrested in this case.
Rigors of sec. 37 is not applicable to the facts of the present case.
Contraband MD allegedly seized from applicant no.1 is 10.20 gms. and
10.41 gms. from applicant no.2. The applicants are ready to furnish
surety as directed by this Court and abide by conditions of bail bonds.
Their antecedent is clear. Therefore, they may be released on bail.
3.

This application has been objected by the Investigating
Officer by filing a reply at Exh.2 & 3. It is contended that the applicants
were found selling contraband MD in collusion with each other. If they
released on bail, they may tamper with prosecution witnesses and may
abscond. Therefore, bail application may be rejected.
4.

Learned counsel, for the applicant submits that the
applicants are falsely implicated in this case. They have not committed
any crime. Non-commercial quantity of contraband has been allegedly
seized from the applicants. Therefore, bar u/sec. 37 of the Act is not
applicable. The applicants are having deep roots in the society and
ready to furnish surety and abide by conditions of the bail bonds.
Therefore, applicants may be released on bail.

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On the other hand, learned APP Mr. Shankar Erande
submits that the applicants were found selling MD and working with
association with each other. If applicants are released on bail, they may
abscond, tamper with prosecution evidence, and pressurise witnesses.
Therefore the bail application may be rejected.
6.

Considering the submissions from both sides and the fact
that the contraband allegedly seized from the applicants is not
commercial quantity. The applicant no.2 has no criminal antecedent.
Only one case is filed against the applicant under IPC and not under
NDPS Act. It appears that they are well rooted in the society. Therefore,
I think it proper to release the applicants on bail. Hence, I proceed to
pass the following order.
ORDER
1. Bail Application No. 446/2024 is hereby allowed.
2. The applicant no.1 – Sikandar Ali Mohd. Razzaqeu Shaikh @
Sikandar Rajjak Shaikh and applicant no.2 – Om Prakash @ Omprakash
Hajariram Sahu @ Chhotu, arrested in Crime Number 59/2024
registered under Sections 8(c) read with Section 21(b) & 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 at Kurla Police
Station, Mumbai, shall be released on bail upon executing a personal
bond of Rs. 60,000/- each and one or two solvent sureties of the like
amount, on the following conditions:
a. The applicants/accused are directed to report to Kurla Police Station
every Sunday between 10.00 a.m. to 11.00 a.m., till filling of the final
report without fail.

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b. The applicants/accused are prohibited from leaving the jurisdiction of
Mumbai without explicit permission from the investigating officer or the
Court.
c. The applicants/accused are strictly prohibited from making any form
of contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicants/accused shall not tamper with
any evidence or documents related to the case.
d. The applicants/accused must maintain a stable residence at their
current address in Kurla and Kandivali, Mumbai respectively and are
required to inform the court and the investigating officer of any change
in their residential address. The applicants/accused shall furnish their
active mobile numbers to the Investigating Officer and shall also
immediately report any change in their mobile numbers.
e. The applicants/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicants/accused shall surrender their passport, if any, before
the Investigating Officer within a week and, if they do not possess any
passport, they shall file an affidavit to that effect before the
Investigating Officer.
g. The applicants/accused are prohibited from engaging in activities
that might be related to the offense registered.
h. The applicants/accused must comply with all reasonable directions
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made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicants/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by them.
3.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.

Date : 02.03.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 02.03.2024
: 06.03.2024
: 06.03.2024
: 06.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
06.03.2024
TIME
NAME OF STENOGRAPHER
03.10 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
02.03.2024
Judgment/order uploaded on
06.03.2024
06.03.2024