Mumbai, June 12: The Bombay High Court on Friday granted bail to two NESCO Ltd employees arrested in connection with the fatal drug overdose case linked to a music concert held at the Goregaon exhibition grounds, observing that there was no material to prima facie show that they were connected with the alleged drug peddlers.
Bail granted by HC
Justice Shyam Chandak granted bail to Balkrishna Kurup (46), NESCO's vice-president of live events, and Sunny Jain (31), a manager, on furnishing sureties of Rs 1 lakh each. The court also rejected the prosecution's request to stay the bail order.
The duo approached the HC after their bail pleas were rejected by the sessions court.
Lack of evidence against employees
Emphasising the lack of evidence against the duo, the court said: “Although the statements of the witnesses show that both the applicants were present at the event and keeping watch there, it cannot be held that they were directly or indirectly connected with the co-accused, the alleged drug peddlers.”
The two were arrested on April 13 in a case registered under the Bharatiya Nyaya Sanhita, the Maharashtra Prohibition Act and the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Concert overdose incident
On April 11, a concert titled “9x9” was held at the NESCO venue, during or after which three individuals fell seriously ill and were rushed to hospital. Two of them later died. Investigations suggested that the victims had allegedly consumed MDMA (commonly known as ecstasy), a prohibited substance. Police have claimed a possible drug nexus among certain accused persons.
Court questions prosecution version
A key factor that weighed with the court was the prosecution's claim that some witnesses had informed the applicants that ecstasy pills were allegedly being distributed and consumed at the event, but the applicants asked them to ignore it.
Questioning this version, the court noted that police personnel were present at the venue. “Admittedly, five police were present at the entrance. However, none of the security guards and other witnesses attempted to contact the said police and alert them about the said fact. Surprisingly, all the said witnesses only contacted the applicants in that regard, which is very unusual in the facts of the case,” the court observed.
Justice Chandak further noted that most of these witness statements were recorded only after the Sessions Court had rejected the applicants' bail pleas and while the present applications were pending before the high court. Whether the witnesses had in fact alerted the applicants was “a question of trial,” the court said.
No contraband recovered, investigation complete
The court also noted that no contraband had been recovered from either applicant and that the investigation concerning them was complete. “There is no sufficient material to prima facie conclude that the applicants have conspired with and abetted the alleged drug peddlers,” it said.
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Bail conditions and rejection of stay
Holding that continued incarceration was unnecessary, the court granted them bail with conditions, including reporting to Vanrai police station once a month and refraining from influencing witnesses or tampering with evidence.
Rejecting the state's plea to stay the order for four weeks, the court said: "Considering the facts of the case and the reasons recorded for grant of bail, the said request is rejected."
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