[Cites 1, Cited by 0]
Bombay High Court
Shahbaz Akbar Ali Sayyad vs The State Of Maharastra on 2 February, 2026
2026:BHC-AS:5311
Shivgan 12-BA-802-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4802 OF 2025
Shahbaz Akbar Ali Sayyad ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Kamlesh Satre, with Vikas Chavan, i/b Nilesh S Bangar
for the Applicant.
Ms. Megha Bajoria, APP for the Respondent-State.
Mr. Avinash Darade, PSI attached to D.N.Nagar Police Station,
Mumbai, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 2nd FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his enlargement
on bail in connection with C.R.No. 275 of 2025 dated 19 th
February 2025 registered with the D. N. Nagar Police Station,
Mumbai for the offences punishable under Sections 8(c) read
with 22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act'). There are in all 6
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Accused out of which 4 Accused are arrested and 2 Accused
are absconding.
2. The case of the prosecution, in brief, is that, while the
officials of D.N. Nagar were on patrolling duty, they received
information from a secret source that Accused No.1, namely,
Mohd. Asif Maniar, was coming to meet his cronies at a
particular place. Accordingly, the officials along with the
pancha witnesses reached the said place and apprehended
Accused No.1. Upon search, 60 grams of Mephedrone ('MD')
was recovered from him. During further interrogation,
Accused No.1 disclosed the name of the present Applicant.
Consequently, the police traced the present Applicant;
however, no contraband was recovered from him. Thereafter,
on the basis of the statements of Accused No.1 and the
present Applicant, the names of other co-accused were
revealed and accordingly Accused Nos.3 and 4 were also
arrested pursuant to the FIR registered against all of them.
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3. The Applicant made an application seeking bail before
the Special Judge (NDPS), Greater Bombay. However, by
order dated 20th September 2025, his application for bail was
rejected. Hence, he is before this Court for the reliefs as
prayed.
4. Mr. Kamlesh Satre, learned counsel appearing for the
Applicant, submits that nothing has been recovered from the
present Applicant and that his arrest is solely based on the
statement of the co-accused. He submits that such statement
has no admissibility in the eyes of law and, therefore, there is
no material indicating the complicity of the present Applicant
in the alleged offence. He further submits that the Applicant
has been in custody since 20th February 2025 and, till date,
the charges have not been framed. On these grounds, he prays
that the Bail Application be allowed.
5. Per contra, Ms. Megha Bajoria, learned Special Public
Prosecutor representing the Union of India, submits that there
is one antecedent against the present Applicant being C.R. No.
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161 of 2024 under the NDPS Act, wherein 12 grams of MD
was recovered from him. However, she fairly concedes that
apart from the statement of Co-accused Asif, at this stage,
there is no material on record indicating the complicity of the
present Applicant in the present offence. She, therefore,
opposes the bail application.
6. Heard learned counsel appearing for the respective
parties and perused the record with their assistance.
7. Admittedly, the present Applicant has been arrested only
on the basis of the statement of the Co-accused Asif. There is
no recovery of contraband from the present Applicant. The
statement of a Co-accused, as rightly pointed out, is not
admissible in law insofar as the present Applicant is
concerned. The Applicant has been in custody since 20 th
February 2025. The charges are yet to be framed and the trial
is unlikely to conclude in the near future.
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8. 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/- (Rupees
Fifty Thousand Only) 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;
iii) The Applicant shall also attend the Police
Station concerned once in a month on first Monday
between 11:00 a.m. to 02:00 p.m. till the charges are
framed;
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Shivgan 12-BA-802-2025.doc
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
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;
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Shivgan 12-BA-802-2025.doc
ix) Any infraction of the aforesaid conditions
shall entail cancellation of bail.
9. Application is allowed in the above terms and is
accordingly disposed of.
10. 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:
2026.02.03
10:26:12
+0530
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