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Bombay High Court

Rikundkumar Dineshbai Patel vs State Of Maharashtra on 19 December, 2025

2025:BHC-AS:56565                                                        57-BA-4433-2025.DOC




                    Ajit Pathrikar



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                                     BAIL APPLICATION NO. 4433 OF 2025

                    Rikundkumar Dineshbai Patel                                ...Applicant
                          Versus
                    State Of Maharashtra                                       ...Respondent

                    Mr. Karansingh Rajput a/w Nikhil Ghate, for the Applicant.
                    Ms. Anamika Malhotra, APP for the State-Respondent.


                                               CORAM          DR. NEELA GOKHALE, J.
                                               DATED:         19th DECEMBER 2025
                    PC:-


                    1.        The Applicant seeks his release on bail in connection

                    with FIR No. 201 of 2025 dated 15 th April 2025 registered

                    with Nerul Police Station, ANC Navi Mumbai for the offences

                    punishable under Sections 8(c), 20(b)(ii)(A)(B), 21(a), 23(a),

                    23(b), 27A and 29 of the Narcotic Drugs and Psychotropic

                    Substances Act, 1985 (for short, "NDPS Act") and Sections

                    338, 336(3), 340(2) and 255 of the Bharatiya Nyaya Sanhita,

                    2023 (for short, "BNS").




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 2.      The facts of the case, in brief, are that the main accused,

 namely Navin Chinchkar, used to supply contraband to

 various people in India by way of postal services. Some

 officials in the postal department and the customs department

 were on board with the said Chinchkar. It is alleged by the

 prosecution that this was a well-oiled drug racket, wherein

 said Chinchkar was supplying ganja, hydro ganja, etc. from

 Thailand and other places abroad to persons including the

 Applicant and co-accused in India, who then dealt with the

 same by selling it to users or dealers in India. The name of the

 Applicant was disclosed by co-accused, Kamal Chandwani.

 The present Applicant was working as an Angadia. Another

 person called Kartik Jain, who was working with Ankit Patel,

 also gave a statement to the police that while he was working

 with the said Ankit Patel, he had seen Accused No. 4, Sujit

 Bangera and Kamal Chandwani coming to the house of the co-

 accused, Ankit Patel, carrying cash which needed to be

 deposited with said Ankit Patel. It is the case of the

 prosecution that the present Applicant is also one such



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 Angadia who has allegedly facilitated cash transactions

 through hawala. Hence, the Applicant was arrested on 28th

 April 2025 pursuant to the FIR registered against the Accused

 in the present matter.



 3.      The Applicant made an application seeking bail before

 the Additional Sessions Judge, Belapur. However, by order

 dated 4th September 2025, the said application was rejected.

 Hence, the Applicant is before this Court for the relief as

 prayed.



 4.      Mr. Karansingh Rajput, learned Counsel for the

 Applicant, at the outset, brought to my attention an order

 dated 8th December 2025, enlarging the co-accused, Ankit

 Patel, on bail. He submits that the role attributed to the

 present Applicant is identical to the role attributed to the co-

 accused, Ankit Patel. He submits that there is no recovery

 made from the Applicant and there is nothing on record to

 indicate his complicity in the said offence. In fact, the only

 statement of the employee pertains to Ankit Patel and not


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 against the present Applicant. He also submits that there are

 no antecedents against the present Applicant pertaining to

 any offence under the NDPS Act. He is in custody since 28 th

 April 2025 and no purpose will be served by his continued

 incarceration. He thus prays that the Applicant be enlarged on

 bail.



 5.      Ms. Anamika Malhotra, learned APP, submits that this is

 a drug cartel network and although nothing was recovered

 from the present Applicant, his role of facilitating cash

 transaction from hawala is sufficient to incriminate him in the

 said offence. She further submits that the Applicant is in

 custody only from April 2025 and the maximum punishment

 for the offence being 10 to 20 years. Hence, it cannot be said

 that the long incarceration justifiable enough to enlarge the

 Applicant on bail.



 6.      I have heard learned Counsel appearing for the

 respective parties and perused the record with their

 assistance.


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 7.      Admittedly, the role attributed to the present Applicant

 is identical to the role attributed to the co-accused, Ankit

 Patel, who is enlarged on bail. The present Applicant is an

 Angadia operator and the role attributed to him is limited to

 the transfer of cash by hawala. Even from the statement of the

 co-accused, namely Kamal Chandwani, who was the main

 accused responsible for supply of drugs to many others,

 including the co-accused, there is nothing to establish the

 present Applicant's complicity in the said drug operation. In

 these circumstances, there is reasonable ground to believe

 that the Applicant has not committed the said offence as

 alleged and he is not likely to repeat the same while on bail.



 8.      In view of the aforesaid, I am inclined to enlarge the

 Applicant on bail and it is ordered as under:


                                      ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 1,00,000/- 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 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 contact number immediately after being released Page 6 of 7 th 19 December 2025 ::: Uploaded on - 22/12/2025 ::: Downloaded on - 26/12/2025 21:50:42 ::: 57-BA-4433-2025.DOC 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;

viii) Any infraction of the aforesaid conditions shall entail cancellation of bail.

9. The Bail Application is allowed in the aforesaid 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 Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.

(Dr. Neela Gokhale, J) Page 7 of 7 th 19 December 2025 ::: Uploaded on - 22/12/2025 ::: Downloaded on - 26/12/2025 21:50:42 :::