ARYAN SHAH RUKH KHAN vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Bom) 397

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NITIN W. SAMBRE, J.
ARYAN SHAH RUKH KHAN – Applicant
Versus
THE UNION OF INDIA & ANR. – Respondents
CRIMINAL BAIL APPLICATION NO. 3624 OF 2021
WITH
PRAKASH RAMANLAL VAKHARIYA – Intervener
IN THE MATTER BETWEEN
ARYAN SHAH RUKH KHAN – Applicant.
V/s
THE UNION OF INDIA & ANR. – Respondents
INTERIM APPLICATION NO. 2606 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 3624 OF 2021
WITH
SAURABH RAMESHCHANDRA MISHRA – Intervener
IN THE MATTER BETWEEN
ARYAN SHAH RUKH KHAN – Applicant.
V/s
THE UNION OF INDIA & ANR. – Respondents
INTERIM APPLICATION NO. 2605 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 3624 OF 2021
WITH
MUNMUN AMIT KUMAR DHAMECHA – Applicant.
V/s
THE UNION OF INDIA AND ANR – Respondents
CRIMINAL BAIL APPLICATION NO.3625 OF 2021
ARBAAZ A. MERCHANT – Applicant.
V/s
THE UNION OF INDIA AND ANR – Respondents
CRIMINAL BAIL APPLICATION NO.3642 OF 2021
Decided On : 28-10-2021

Advocates appeared:
Sr. Counsel Mr. Mukul Rohatgi a/w Senior Counsel Mr. Amit Desai, @ Mr. Satish Maneshinde @ Mr. Rustam N. Mulla @Ms. Anandini Fernandes @Ms. Ruby Singh Ahuja @Mr. Sandeep Kapur @Mr. Gopalakrishna Shenoy, @Mr. Harshad Gada @ Ms. Namita Maneshinde @Mr. Sohan Kinkhabwala @ Mr. Nikhil Maneshinde, @ Mr. Deepal Thakkar @Mr. Yuvraj Dhole @ Shanice Mansukhani i/by Ms. Anandini Fernandes, Advocates for Applicant in BA/3624/2021.
Mr. Ali Kaashif Khan Deshmukh @ Mr. Ravi P. Singh @ Mr. Harsh G. Sheth @ Ms. Riya Jain @ Ms. Halima Khan, Advocates for Applicant in BA/3625/2021.
Senior Adv. Amit Desai i/by Adv. Taraq Sayed @ Mr. Gopalkrishna Shenoy @ Mr. Advait Tamhankar @ Ms. Lochan Chandka @ Ms. Alisha Parekh @ Ms. Ashwini Achari @ Ms. Bhumika Gada @ Mr. Sachin Shete, Advocates for Applicant in BA/3642/2021.
Additional Solicitor General Mr. Anil C. Singh @ Adv. Mr. Advait M. Sethna @ Mr. Shreeram Shirsat, @ Mr. Aditya Thakkar, @ Mr. Pranav Thakur @ Ms. Smita Thakur @ Mr. Amandeep Singh Sra, @ Miss Ruju Thakker @ Mr. Pranav Gohil and Mr. Tanay Mandot for Respondent/ NCB in all the above BAIL APPLICATIONS.
None for the Interveners.

Headnote:
Criminal Procedure Code, 1973 – Section 439 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 36 – Bail – Accused persons apprehended from a Rave Party on a Cruise Ship and booked under drug charges – Accused persons granted on bail conditions that Applicants/Accused shall not indulge in any activity similar to activities on the basis of which CR stands registered against them for offences under NDPS Act – Applicants/Accused shall not try to establish communication with co-accused or any other person involved directly or indirectly in similar activities or make any call to any person indulging in similar activities as alleged against them, through any mode of communication – Applicants/Accused shall not undertake any action which is prejudicial to proceedings before Special Court (established under NDPS Act) – Applicants/Accused neither personally or through anyone make any attempt to influence witnesses nor tamper with evidence – Applicants/Accused shall surrender their passport before Special Court immediately – Applicants/Accused shall not make any statement regarding proceedings pending before Special Court in any form of media i.e. print media, electronic media etc. including social media – Applicants/Accused shall not leave country without prior permission from Special Judge for NDPS at Greater Mumbai – If Applicants/Accused have to go out of Greater Mumbai, they shall inform Investigating Officer and shall give their itinerary to Investigating Officer – Applicants/Accused shall attend NCB Mumbai office on each Friday between 11:00 a.m. to 2:00 p.m. to mark their presence – Applicants/Accused shall attend all dates in Court unless prevented by any reasonable cause – Applicants/Accused shall join investigation as and when called upon to do so before authorities of NCB – Once trial begins, Applicants/Accused shall not in any manner try to delay trial – If Applicants/Accused violate any of these terms, NCB shall be entitled to straightaway apply to Special Judge/Court for cancellation of their bail – Applications allowed. (Paras 1 and 2)

ORDER

1. Applicants viz Accused No.1 – Aryan Shah Rukh Khan, Accused No.2 – Arbaaz A. Merchant & Accused No.3 – Munmun Amit Kumar Dhamecha are directed to be released on bail in C.R. No.94 of 2021 registered with the non-applicant for the offence punishable under the NDPS Act, 1985 on the following conditions:-

(a) Each of the Applicants/Accused shall execute P. R. Bond of Rs. 1 lakh with one or more sureties in the like amount.

(b) Applicants/Accused shall not indulge in any activity similar to the activities on the basis of which the said CR stands registered against them for offences under the NDPS Act.

(c) Applicants/Accused shall not try to establish communication with co-accused or any other person involved directly or indirectly in similar activities or make any call to any person indulging in similar activities as alleged against them, through any mode of communication.

(d) Applicants/Accused shall not undertake any action which is prejudicial to the proceedings before the Hon’ble Special Court (established under the NDPS Act)

(e) Applicants/Accused neither personally or through anyone make any attempt to influence witnesses nor tamper with the evidence.

(f) Applicants/Accused shall surrender their passport before the Special Court immediately.

(g) Applicants/Accused shall not make any statement regarding the aforesaid proceedings pending before the Special Court in any form of media i.e. print media, electronic media etc. including social media.

(h) Applicants/Accused shall not leave the country without prior permission from the Special Judge for NDPS at Greater Mumbai.

(i) If the Applicants/Accused have to go out of Greater Mumbai, they shall inform the Investigating Officer; and shall give their itinerary to the Investigating Officer.

(j) Applicants/Accused shall attend the NCB Mumbai office on each Friday between 11:00 a.m. to 2:00 p.m. to mark their presence

(k) Applicants/Accused shall attend all the dates in the Court unless prevented by any reasonable cause.

(l) Applicants/Accused shall join the investigation as and when called upon to do so before the authorities of NCB.

(m) Once the trial begins, the Applicants/Accused shall not in any manner try to delay the trial.

(n) If the Applicants/Accused violate any of these terms, NCB shall be entitled to straightaway apply to the Special Judge/Court for cancellation of their bail.

2. All these Applications are accordingly allowed and disposed of. As a consequence, all pending Interim Applications taken out therein are also disposed of.

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