Bombay High Court
Sajid Mohammad Yunus Ansari vs State Of Maharashtra on 10 November, 2025
2025:BHC-AS:47683 20-BA-5133-2024.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 5133 of 2024
Sajid Mohammad Yunus Ansari ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Sherali S Khan, with Azfar Khan, for the Applicant.
Mr Yogesh Y Dabke, APP for the State-Respondent.
Mr. Patil, PSI attached to ANC, Kandivali Unit, present.
CORAM Dr. Neela Gokhale, J.
DATED: 10th NOVEMBER 2025
PC:-
1. The Applicant seeks his release on bail in connection
with FIR No.79 of 2023 dated 8th September 2023 registered
with the ANC, Kandivali Unit, Mumbai, for the offences
punishable under Sections 8(c) and 22(c) of the Narcotic
Drugs and Psychotropic Substances, Act, 1985 ('NDPS Act' for
short).
2. The case of the prosecution in brief is that on 7 th
September 2023, while police personnel were on patrolling
Page 1 of 6
th
10 November 2025
::: Uploaded on - 10/11/2025 ::: Downloaded on - 10/11/2025 20:29:35 :::
20-BA-5133-2024.DOC
duty, they found one person lurking in suspicious manner.
When the police accosted him, he tried to flee from the spot
and hence, he was apprehended. After complying with the
statutory provisions under the NDPS Act, the Applicant was
searched and he was found to be in possession 65 gms of
Mephedrone ('MD'). Hence, he was arrested pursuant to the
FIR registered by the police.
3. The Applicant made an application seeking bail before
the Special Judge (NDPS), City Civil & Sessions Court, Greater
Bombay, however, by an order dated 26th September, 2024,
the same came be rejected. Hence, the Applicant is before this
Court for the reliefs as prayed.
4. Mr. Sherali Khan, learned counsel appearing for the
Applicant, submits that apart from the fact that there is no
material on record to disclose involvement of the Applicant in
the said offence, the Applicant was arrested on 8 th September
2023 and the charge is framed only on 17 th October 2025. He
Page 2 of 6
th
10 November 2025
::: Uploaded on - 10/11/2025 ::: Downloaded on - 10/11/2025 20:29:35 :::
20-BA-5133-2024.DOC
further submits that on this sole ground of long incarceration,
the Applicant deserved to be enlarged on bail.
5. Per contra, Mr. Yogesh Dabke, learned APP representing
the State in the matter, submits that commercial quantity of
MD was recovered from the person of the Applicant; the
Applicant is not co-operating in conducting the trial and he is
likely to commit similar type of offences, if granted bail. He
further submits that the prosecution intends to examine as
many as 8 witnesses and the trial is likely to conclude in a
foreseeable future. Hence, he submits that the Bail Application
be rejected.
6. Heard learned counsel appearing for the respective
parties and perused the record with their assistance.
7. Admittedly, the Applicant has suffered incarceration for
a period of more than 2 years and the charges are framed only
recently, i.e., in October, 2025. Additionally, the Applicant has
no criminal antecedents against him. In a series of judgments,
Page 3 of 6
th
10 November 2025
::: Uploaded on - 10/11/2025 ::: Downloaded on - 10/11/2025 20:29:35 :::
20-BA-5133-2024.DOC
the Supreme Court has observed that long incarceration
militates against the precious fundamental right guaranteed
under Article 21 of the Constitution of India and as such,
conditional liberty overriding the statutory embargo created
under Section 37 of the NDPS Act, 1985 may, in such
circumstances, be considered. Having regard to the facts and
circumstances of long incarceration of the Applicant without
there being any real possibility of early completion of the trial,
I am inclined to accept the plea of the Applicant and enlarge
him on bail. Hence, the following order is passed:
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;
ii) The Applicant shall attend the Trial Court
concerned on each and every date unless exempted
by the orders of the Trial Court concerned;
th
10 November 2025
20-BA-5133-2024.DOC
iii) If the Applicant has not deposited his
passport, the Applicant shall deposit the same with
the concerned Police Station, if any;
iv) The Applicant shall not leave India, without
the permission of the Trial Court;
v) The Applicant shall not tamper or attempt to
influence or contact the complainant, witnesses or
any person concerned with the case;
vi) The Applicant shall inform his latest place of
residence and mobile number immediately after
being released and / or change of residence or
mobile details, if any, from time to time to the Court
seized of the matter and to the Investigating Officer
of the concerned Police Station;
vii) The Applicant to co-operate with the conduct
of the trial;
th
10 November 2025
20-BA-5133-2024.DOC
viii) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
8. Application is allowed in the above terms and is
accordingly disposed of.
9. 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)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2025.11.10
19:47:10
+0530
th
10 November 2025
