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Exhibit- _______

IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY

NDPS SPECIAL CASE NO. 374 OF 2020

In the matter of section 439 of

the Code of Criminal Procedure.

And

In the matter of bail in C.R. No.

6 of 2019 registered with ATS,
Kalachowki.

Aawesh Akbar Khan …Applicant

-Versus-

The State of Maharashtra,

(ATS, Kalachowki, Vide C.R. No. 6/2019) …Respondent

HUMBLE APPLICATION OF THE

APPLICANT ABOVENAMED UNDER
SECTION 439 OF CR.P.C FOR
TEMPORARY BAIL OF 45 DAYS.

MOST RESPECTFULLY SHEWETH:

1. The Applicant by filing the present application in this

Hon’ble Court seeks to invoke power vested with this
Hon’ble Court under Section 439 of the Code of
Criminal Procedure and inter-alia prays for release on
temporary bail for 45 days in connection with FIR
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being C.R. 6 of 2019 registered with ATS Kalachowki.

for alleged offences punishable under sections 22 r/w.

8(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985. 302, 120(b), 143, 144, 147,
148, 149 of Indian Penal Code, and under section 4
r/w. 25 of Arms Act and under section 37(1) r/w 135
of Bombay Police Act.

2. The applicant prefers the present application for his

release on temporary bail on the following amongst
other grounds which are urged without prejudice to
one other.

GROUNDS

i. That, the applicant is innocent person. Neither

he committed any offence much less offences as
alleged in the instant FIR nor aided or abetted
the co-accused to commit offence nor concerned
with the same.

ii. that, the Applicant’s father Mr. Akbar Abdullah

Khan was a heart patient he was suffering from
Cardic Arrhythmic and he passed away on
14.08.2021 at 2:45pm at Shri. Parvati Hospital,
Khopoli. Hereto annexed and marked as
Exhibit-A is the copy of death certificate issued
under Rule 7 of Maharashtra Birth and Death
registration, 2000.

iii. After sudden demise of the Applicant’s father,

there is no fit person who can perform all the
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post funeral rituals for his father, which is
obligatory to perform for the peace of
deceased’s soul and being a son he is bound to
perform the same for his father. Hence, the
Applicant prays for release on bail to enable him
to perform his statutory duties.

iv. That, there is no male member in Applicant’s

family to go to his father grave for fateha, or to
perform Qurankhani at Chaliswa (40th day).

v. That, the Applicant had approached this Hon’ble

Court with the application on Exhibit- 50 for
attending post funeral prayers of his father, and
vide order dated 18.08.2021 this Hon’ble Court
was pleased to allow the same, but the
applicant was unable to pay the escort charges,
hence, he could not attend the same. Hereto
annexed and marked as Exhibit- B is the copy
of order dated 18.08.2021.

vi. That, minor daughter of the applicant is

suffering from permanent Mental Retardation,
she has been diagnosed with 100% severe
disability. A disability Certificate has been issued
by the concerned authorities. Hereto annexed
and marked as Exhibit- C is the copy of Birth
Certificate and Exhibit- D is the copy of
Disability Certificate.

vii. That, Applicant’s daughter is also suffering from

Seizures, she need quality of supervision and
medication and in eventuality may require
further medical intervention. The Applicant’s
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father used to take care of her, but after his
sudden demise there is no any fit person to
arrange everything in the crucial time and so on
to gather medical funds.

viii. Applicant’s family falls in grave financial crisis.

Along with normal expenses and unavoidable
medical expenses which cannot be arranged by
them.

ix. Therefore, the applicant is praying for

temporary bail for 45 days to perform post
funeral rituals for his father, to arrange medical
facility for his daughter and funds for his
family’s survival.

x. That, in the case Samir @ Navneet s/o

Govindlal Vs. The State of Maharashtra,
Bail Application No. 703 of 2020 the
Hon’ble High Bombay High Court was
pleased to grant the prayer of interim bail
unfortunate death of father of the applicant

xi. That, in Interim Application No. 1 of 2019 in

Criminal Appeal No. 1017 of 2015 Rajan
John Rajmani Vs. The State of
Maharashtra. The Hon’ble High Court of
Bombay was pleased to release the Applicant on
temporary bail for one week for attending holy
communion ceremony of applicant's daughter.

xii. That the ratio laid down by this Hon’ble Court

in Criminal Application No. 2711 of 1998.
Shri. Popat Shivram Dabhade v/s The State
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of Maharashtra. This Hon’ble Court after
considering cardio problems of wife and son of
Applicant pleased to release applicant on
temporary bail for 4 weeks on Bail of Rs.
2,000/-.

xiii. That likewise the said ratio again adopted in

Criminal Application No. 1590 of 2007 in
Kushal @ Ananth Chindhu Bhunde v/s the
State of Maharashtra. In the said case Court
pleased to release the Applicant on Temporary
Bail on the ground of marriage of niece on cash
bail of Rs. 3000/-.

xiv. That similarly Criminal Application No.

1222 of 2006 in Criminal Appeal No. 1113
of 2006 in Nandkumar Pandurang Ghadge
v/s The State of Maharashtra. This Hon’ble
Court taken lenient view in the said case on
ground of pregnancy of Applicant’s wife Court
pleased to Applicant on temporary bail for
period of 4 weeks on humanitarian grounds.

xv. That, this Hon’ble Court was pleased to grant

temporary bail to the Accused No. 1 Abdul
Razzak Kadar Shaikh vide order dated
16.05.2021 on medical ground which was
extended further vide order dated 01.7.2021.
Hereto annexed and marked as Exhibit- E
(Colly) are copies of orders dated 16.05.2021
and 01.07.2021.

xvi. That, the applicant is ready and willing to co-

operate with the investigating agency and to
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abide by all the reasonable terms and conditions
which this Hon’ble Court may impose while
granting bail.

xvii. That, the applicant is ready to furnish surety to

the satisfaction of this Hon’ble Court at the time
of granting bail by this Hon’ble Court by
exercising powers vested with this Hon’ble
Court.

xviii. That, the applicant hereby undertakes that he

will not jump the bail nor he will abuse the
favour of bail shown to him and he further
undertakes that he will not tamper with the
evidence/witness even after granted bail.

3. No any bail application in respect of the present crime

has been filed on behalf of the accused-applicant or is
pending before this Hon’ble Court any other court in
India.

4. The applicant craves leave of this Hon’ble Court to

add, alter, amend, delete and/or rescind any of the
averments and/or submissions mentioned
hereinabove, with the leave of this Hon’ble Court.

5. That, keeping view of the present circumstances the

applicant most respectfully prayed that.

a. That, this Hon’ble Court may be pleased to

release the Applicant on temporary bail for 45
days in connection with F.I.R. being C.R. No. 06
of 2019 registered with ATS, Kalachowki, on such
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terms and conditions as this Hon’ble Court may
deem fit and proper.

b. That, this Hon’ble Court may be pleased to

dispense with the verification of the applicant
since he is in judicial custody.

c. any other further order and/or direction be given

as the nature and circumstances of the case may
require.

Mumbai.
This 7th day of September, 2021

HULYALKAR & ASSOCIATES

Adv. For the Applicant.