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Bombay High Court
Ashraf Lalmohammad Ansari vs State Of Maharashtra on 4 February, 2026
2026:BHC-AS:5838 903-BA-4223-2024.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 4223 OF 2024
Ashraf Lalmohammad Ansari ...Applicant
Versus
State Of Maharashtra ...Respondent
Mr. Sherali S. Khan with Tabish Shaikh and Veeraj Naik, for
the Applicant.
Mr. Mayur Sonavane, APP for the State-Respondent.
API - Vaibhav Chumbale, Kongaon Police Station, is present.
CORAM DR. NEELA GOKHALE, J.
DATED: 4th FEBRUARY 2026
PC:-
1. The Applicant seeks his release on bail in connection
with C.R. No. 345 of 2023 dated 4th November 2023
registered with Kongaon Police Station for the offences
punishable under Sections 8(c), 22(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").
2. There are two accused involved in the said case.
Accused No.2 is on bail and the Applicant is Accused No.1.
While on patrolling duty, the police officials of the Kongaon
Police Station found the Applicant lurking in suspicious
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circumstances. He was apprehended and after following the
due procedure established under the NDPS Act, was searched.
On his search, 102 grams of Mephedrone was recovered from
the right-side pocket of the Applicant's pant. The Applicant
was arrested on 4th November 2023 pursuant to the
registration of the FIR.
3. The Applicant made an application seeking bail before
the Additional Sessions Judge, Bhiwandi. However, by order
dated 26th July 2024, the said application was rejected. Hence,
the Applicant is before this Court seeking the relief as prayed.
4. Mr. Sherali Khan, learned counsel for the Applicant, has
brought to my notice various non-compliances on the part of
the officers. According to him, there is a breach of Sections
42, 50, 52A, 55 and 57 of the NDPS Act. He submits that the
seizure panchanama does not contain the signature of the
Accused. He further submits that the Applicant is in custody
for as many as two years and five months and till date, the
charges are not yet framed. In these circumstances, he submits
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that there is a delayed and long period of incarceration for
reasons not attributed to the Applicant.
5. Mr. Mayur Sonavane, learned APP, has met with all the
arguments raised by Mr. Sherali Khan pertaining to the non-
compliance of the provisions of the NDPS Act. Prima facie, it
appears that all the compliances have been satisfactorily
complied with. However, only on the ground of long
incarceration that the trial has not commenced, the charges
are not framed and the Applicant is in custody for as many as
two years and five months, the Applicant deserves to be
granted bail.
6. Considering the long period of incarceration and the fact
that there are no antecedents against the present Applicant, I
am inclined to enlarge the Applicant on bail and it 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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ii) The Applicant shall attend the Police Station concerned,
on first Monday of every month between 10:00 a.m. and
12:00 p.m., till the charges are framed. He shall also attend
the Trial Court concerned on each and every date as directed,
till the conclusion of the trial, save and except if the Applicant
is exempted from appearance by orders of the Trial Court.
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 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 contact number immediately after being released
and / or change of residence or mobile details, if any, from
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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;
viii) Any infraction of the aforesaid conditions shall entail
cancellation of bail.
7. Application is allowed in the above terms and is
accordingly disposed of.
8. It is made clear that the observations made herein are
prima facie and are confined to this Application and the Trial
Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(Dr. Neela Gokhale, J)
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