Aryan Khan Bail Hearing LIVE Updates October 28: Bombay High Court grants bail

Aryan Khan Bail
Aryan Khan Bail Hearing

After spending more than three weeks in judicial custody, Aryan Khan has finally breathed in some fresh air as Mumbai High Court granted bail to all the three accused, Aryan khan, Munmun Dhamecha, and Arbaaz Merchant today! They will be out of jail on Friday.

The court will issue a detailed order by tomorrow. Aryan Khan has been finally released today on the 25th day after his arrest!

Live Updates

October 27 (4.51 PM): Court grants bail to all the three accused

October 27 (4.50 PM): The court discusses what actually is conscious possession by law

October 27 (4.45 PM): He also adds that what the other person is carrying with them is not his business and that Aryan cannot be charged for conscious possession when his friend was carrying the contraband.

October 27 (4.40 PM): Senior Adv Rohatgi argues that this is not a case of conspiracy and that this should be ruled out

October 26 (5.47 PM): The court begins with Arbaaz Merchant’s arguments

October 26 (5.37 PM): He says that he respectfully submits his case and demands bail

October 26 (5.34 PM): He argues that why is Pooja Dadlani being referred to in this and insists that he has nothing against any of the NCB officials

October 26 (5.33 PM): He argues that this case has been hyped only because he belongs to a popular family. He then reads out NCB’s reply in para 4.

October 26 (5.33 PM): Sr. Adv. Rohatgi also reads out Justice Dangre’s order of Bombay High Court and hands over an article of Indian Express pertaining to remarks by the Social Justice Ministry for reformation in drugs consumption.

October 26 (5.32 PM): He points out that Merchant is not under his control. He’s not his servant and he is noresponsible for what is found in his shoes. So he adds this can’t be a conspiracy

October 26 (5.29 PM): Rohatgi shows an order of Rajesh Vajani of Bombay High Court.

October 26 (5.26 PM): He then cites the judgment of Sohil Samir v. State of Maharashtra by Justice Sambre

October 26 (5.21 PM): He cites judgments of some important cases. The first is of Ranveer Singh v. State of Maharashtra and Shanoob KH v. State, and second Ragini Dwivedi v. State of Karnataka

October 26 (5.19 PM): He again points out that there is no case against Khan as there is no recovery from him

October 26 (5.17 PM): He adds that once online poker was challenged in the supreme court when there was a petition against the online rummy games and the supreme court had said that it was just a game of skills

October 26 (5.15 PM): He argues that with Aachit he knew him only because he had played an online poker game with him and his conversation with him was till that poker game only and nothing beyond that

October 26 (5.13 PM): He says that the maximum that one can set against him is to link him with Merchant and Aachit only but only after recovery. But conspiracy is when all the 20 arrested know each other

October 26 (5.10 PM): He tells that accused 17 was not even on the cruise that day and was arrested on October 6 from his residence after NCB officers received information that he has something but they could only get 2.6 gms from him

October 26 (5:08 PM): He argues that there is no case against Khan then why is he in jail for 20 days? He adds that there are parts of the US where cannabis is legal so there is no case against him and he should be out.

He also says that there has been no possession and consumption from his side so there is no case

October 26 (5.06 PM): He adds that section 64 (A) has immunity from prosecution if you are charged with section 27 and you are sent to rehab

October 26 (5.03 PM): Rohatgi argues that his case is with 8(c), 27, and 20(b) although he isn’t accepting it but if this is so, he denies section 27 (A)

October 26 (5.02 PM): He says that he does not relate to section 27 (A) also as Khan is not related to trafficking. He further adds that section 29(A) also holds the same punishment of not more than a year

October 26 (5.01 PM): Rohatgi then reads section 20(b) of the NDPS act. He says that the maximum punishment, in that case, is 1 year

October 26 (5.00 PM): Rohatgi further says that these young boys cannot be sent on trial but instead should be sent to rehab

October 26 (4.58 PM): He says that Khan cannot admit to consumption and if admit to conscious possession, it is also only of a small quantity of 6 gms

October 26 (4.57 PM): The chats are with international people in past so they are being termed as a conspiracy when Khan doesn’t know anyone except Arbaaz

October 26 (4.47 PM): Rohatgi argues that there is no evidence of my link with the purchase or consumption of drugs except with that of Arbaaz Merchant

October 26 (4.44 PM): He argues that it has been alleged that Khan was to consume the drugs but there has been no smoking and no recovery so why the arrest?

October 26 (4.42 PM): He says that calling this as a conspiracy on the basis of these chats is not right when it has nothing to do with the cruise case scenario and when nothing has been recovered.

October 26 (4.41 PM): He then comes down to the WhatsApp chats and says those were from 2018 and not related to the cruise

October 26 (4.40 PM): He further argues that there is no prior conviction in his case and section 37 is something that he cannot relate to with it at all.

October 26 (4.39 PM): Many have been found with intermediary and commercial quantities and are still out and Khan is not to be charged under section 27A at all.

October 26 (4.38 PM): He tells that whatever was found was small in a quantity of 6 gms and that is not enough to keep him in custody

October 26(4.37 PM): Adv Mukul further argues that the party was not such that people were consuming drugs there, so why was Aryan arrested he questions?

October 26 (4.34 PM): He argues that this is not conscious possession if his friend has anything in his shoes or for that matter anywhere! further adds that being around with someone who possesses drugs is not at all conscious possession.

October 26 (4.27 PM): He adds that there is nothing against Khan and he was even then arrested on October 3. And since there was no recovery, he is wrongly arrested

October 26 (4.27 PM): He says that Arbaaz was found with 6 gms of charas in his shoes which he denies but Aryan had NO DRUGS and NO CONSUMPTION of drugs!

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October 26 (4.26 PM): He further adds that Khan was apprehended again and again and he was found with nothing and no consumption during the medical check-up

October 26(4.23 pm): Senior Adv Mukul Rohatgi says that the 23-year-old was called on the cruise by Prateek Gaba on October 2 and the chats that NCB is referring to are of earlier days when he was in the US

October 26 (4.20 PM): Aryan Khan bail hearing begins

October 26 (3.41 PM): ASG Anil Singh reaches the court

October 26 (2.46 PM): Senior Adv Mukul Rohatgi has reached the court

October 26 (1.27 PM): NCB submits its response against Aryan Khan bail plea and states Aryan has international links and if releases he can tamper with evidence as he is an influential person

October 26 (11:22 AM): The court has assembled and will be heard by Justice Nitin Sambre. Aryan’s case has been listed as item 57, Munmun’s as 58, and Arbaaz’s as 64

October 26 (11:15 AM): Senior Advocate Mukul Rohtagi to represent Aryan Khan in his Mumbai High Court bail hearing today.

Oct 20 (02.45 PM): Aryan Khan bail Application rejected, now bail plea hearing on 26 Oct.

Oct 20 (11.45 AM): Aryan Khan bail hearing to be heard at 2.45 pm

Oct 20 (11.14 AM): Aryan Khan’s case is on No.22, and currently the hearing is on for NO. 14

Oct 20 (11.13 AM): NCB lawyers yet to arrive

Oct 20 (11.10 AM): Special Judge VV Patil has presided

Oct 20 (11.05 AM): Senior Adv Amit Desai arrives

Oct 14 (4.49 PM): Order reserved for October 20. Judge VV Patil declares he will try to pass an order on this case on October 20

Oct 14 (4.43 PM): ASG tells him that he has kept all the chats on record for him to see and has argued on only what Desai had said

Oct 14 (4.43 PM): ASG tells him that he has kept all the chats on record for him to see and has argued on only what Desai had said

Oct 14 (4.42 PM): Desai comments and asks him to not argue on facts

Oct 14 (4.40 PM): ASG intervenes and tells that Desai isn’t aware of the chats and he has those on records. Also, he adds that they are not in codes

Oct 14 (4.36 PM): He speaks of ASG’s argument of Toofan Singh’s case that he is not liable to bail when it even says it is applicable even at the stage of bail and requests him to be a free man. He further adds that strict conditions may be applied on him but he is eligible for bail even if he is charged with 37 (2). He has no previous antecedents

Oct 14 (4.35 PM): He further adds that he has stayed overseas for a while and some things are very much legal in many countries

Oct 14 (4.34 PM): He argues that the only concern is that there was a rave party and Aryan was not found in possession of anything so he cannot be held responsible and therefore should be released

Oct 14 (4.33 PM): He argues that their private chats are being tracked which has nothing to do with illicit drug trafficking or illicit behavior

Oct 14 (4.32 PM): He says that their claim of Aryan’s involvement with MEA is false and absurd. Further adds that the WhatsApp chats of these kids are very different

Oct 14 (4.21 PM): He talks about the WhatsApp chats and explains the way these younger generations use words to convey is different from what we older people use and it might seem harsh to us but what he knows is that Aryan is not involved in any drug trafficking conversation or international drug trafficking

Oct 14 (4.20 PM): He goes back to Showik Chakraborty’s case and tells that he was granted bail on the grounds that he didn’t consume any drugs but was involved in distribution.

Oct 14 (4.12 PM): Abdul is charged under section 37 (2), and it was Mohak who gave his name, not Aryan, Merchant, or Aachit

Oct 14 (4.10 PM): He says that Abdul is the one found in possession of a commercial quantity, He tells that instead of reforming the person who is at the bottom of the chain, the consumer, they are putting him in jail

Oct 14 (4.06 PM): He assures that there won’t be any hindrance if the boy is released on bail

Oct 14 (4.03 PM): He then speaks on the matter of voluntarily handing over the mobile phone, where he said it was not handing over but seizure. He demands a separate memo for that

Oct 14 (4.00 PM): He further says that even if Aryan has committed to consuming drugs, the maximum punishment is for 1 year

Oct 14 (3.56 PM): Desai reads out Rhea Chakraborty’s court judgment, saying that ASG believes in harsh treatment with celebrities as they are role models but he objects to the court by saying that everyone has the right to be treated equally before the law

Oct 14 (3.51 PM): Desai reads out the case of Nikesh Tarachand, he said this had twin conditions and the court decided to grant bail as this had a punishment of less than one year

Oct 14 (3.50 PM): The government had issued policies to fight the issue of drug trafficking and in the case of drug peddling to school and college-going children, it spoke about sensitizing them.

Oct 14 (3.44 PM): He adds that the government needs to understand what kinds of drugs can be dealt with and what kinds are a menace

Oct 14 (3.42 PM): Desai appreciates the good job done by the NCB Officers and accepts that drug trafficking is a global issue that needs to be tackled, adds that everything he said is correct but things need to be done according to law

Oct 14 (3.40 PM): Adv Kaashif speaks for Dhamecha, the sections charged against her are 8(c), 20(b), 27, 28. 29 is not there in the arrest memo, says should be out on bail.

Oct 14 (3.36 PM): The court asks: are you relying on the WhatsApp chats, to which Advait Sethna replied yes we are and we will submit the original files which are part of the investigation

Oct 14 (3.35 PM): ASG Anil Singh concludes his submissions

Oct 14 (3.31 PM): ASG now reads Munmun’s reply, says the arguments are common and are part of the same conspiracy

Oct 14 (3.30 PM): The court may consider bail at a later stage but not now when we are still trying to figure out how they are connected

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Oct 14 (3.29 PM): He further says that at this preliminary stage, there is no question of bail

Oct 14 (3.26 PM): He says considering they are college-going boys should not be the basis of their bail. They are the future of our nation, he adds

Oct 14 (3.24 PM): He informs that a few days ago 3-4 of his officers were attacked who are now in hospital

Oct 14 (3.22 PM): He adds the NCB officers are working hard to eradicate the issue of drug trafficking which is indeed a serious issue

Oct 14 (3.20 PM): He then cites two cases, one of Bharat Thakker v State of Maharashtra. This is on Section 37, which he doesn’t read but reads the court order, “There are countries in which such offenses are getting death penalties.. In such classes of cases, bail should be the exception and not rule”.

Oct 14 (3.19 PM): He further speaks of the Harshmani v. Customs is a Bombay High Court judgment. he quotes from the order, “The Court must be satisfied that even if the allegations are established there exists every likelihood that accused can be acquitted.

Oct 14 (3.17 PM): He speaks of the next judgment of Gopal Singh v. State of Delhi. This is on all three points of recovery, twin conditions, and conspiracy.

Oct 14 (3.15 PM): He reads out the observation of the case: at the stage of the investigation, recovery is not material

Oct 14 (3.13 PM): He next talks about the recovery case of Ratan Malik and points the paragraphs of judgment to the court to consider

Oct 14 (3.12 PM): He again reads a similar case of Kerala Vs Rajesh which is based on two conditions

Oct 14 (3.07 PM): The next judgment speaks of two different things, one for section 37 applicability and second how serious is the crime under the NDPS Act

Oct 14 (3.06 PM): He speaks of another judgment on conspiracy – State of Orissa v. Mahimananda Mishra. In conspiracy, there cannot be direct proof because only conspirators will know the conspiracy. So SC has said there can only be circumstantial evidence.

Oct 14 (3.05 PM): Nawaz Khan’s case is on no recovery and he asks them to read paragraph 25 of his judgment, where it says that even if there is no recovery, section 37 of the NDPS Act is applicable

Oct 14 (3.03 PM): He next talks about the next judgment of Nawaz Khan which is of recovery

Oct 14 (3.01 PM): He talks about another judgment of Toofan Singh, which is at the stage of the trial

October 14 (2.59 PM): Third judgment is of Bombay High Court ruling in MD Kale v. Mohamed Afzal. This is on the same point as previous judgment he says

October 14 (2.58 PM): He says it needs to be considered at the stage of trial and at the stage of the investigation

Oct 14 (2.57 PM): ASG throws light on the second supreme court judgment of the case of retraction between Uol and Shivshankar Jaishingh which came on October 7

Oct 14 (2.55 PM): Hearing commences

Oct 14 (2.07 PM): Judge VV Patil leaves for lunch. The hearing is to restart at 2.45 PM

Oct 14 (2.05 PM): The high court had still not granted bail saying he was in touch with drug peddlers and dealers. In this case, there is drug seizure as well as they were in touch with Aachit and Shivraj who are drug dealers

Oct 14 (2.02 PM): ASG clarifies the judgment in the Showik Chakraborty case and tells him there were no recovery of contraband but in this case there is

Oct 14 (2.00 PM): He clarifies that the mobile phones were voluntarily given by the applicants as opposed by Mr. Sayed who said no phones were confiscated

Oct 14 (1.59 PM): He further adds that this is not the matter of granting bail, there are provisions in the NDPS act that don’t look at the amount of drugs found in possession

Oct 14 (1.57 PM): He also adds that he can apply section 29 at this stage of the preliminary investigation as opposed by Aryan Khan’s defense

Oct 14 (1.54 PM): ASG moves ahead with section 37 of the NDPS Act. he says that he is pointing out this act because it is an act of conspiracy where 15-20 people are involved. he had already pointed this out with charges of section 29 of the NDPS Act

Oct 14 (1.52 PM): He then talks about section 54 of the NDPS Act telling that if the agency comes with the fact that the person is in possession of drugs, it is presumed to be true unless proved otherwise with proof

Oct 14 (1.50 PM): ASG asks to have a look at section 35 of the NDPS Act, where if someone id found with drugs, whatever the agency says is correct unless proved wrong by others

Oct 14 (1.46 PM): He further adds that the total quantity can’t be used for personal consumption and the Kadir, the peddler was in touch with the foreigner, and Aachit Kumar

Oct 14 (1.45 PM): The applicant also signed the panchnama admitting to having the contraband with his friend for their consumption

Oct 14 (1.42 PM): The ASG reads out the panchnama telling that they were going on the cruise for partying and already had the substance for consuming

Oct 14 (1.35 PM): The records state that the client is not a first-time drug consumer

Oct 14 (1.24 PM): Hearing begins

Oct 14 (1.17 PM): ASG Anil Singh and SPP Advait Sethna has reached the court

Oct 14 (12.40 PM): The ASG expected to reach the court in 20-25 mins

Oct 14 (12.36 PM): Court dismissed the application of the intervenor

Oct 14 (12.35 PM): Pune Police issues lookout notice for KP Gosavi, one of the nine independent witnesses of the NCB in the cruise ship raid of October 2

Oct 14 (12.21 PM): An intervenor, claiming to be a social worker approached the court today and requested to assist the prosecution, claiming that Aryan Khan has been getting special treatment. A junior lawyer from Maneshinde’s team opposed it and called it a publicity stunt.

Oct 14 (11.51 AM): Shah Rukh Khan’s bodyguard, and manager, Pooja Dadlani arrive at the court ahead of Aryan Khan’s bail hearing today

Oct 14 (11.15 AM): Aryan Khan along with 5 others shifted from the quarantine cell to the common cell.

Oct 13 (5.33 PM): Court defers the matter for tomorrow at 11:00 AM

Oct 13 (5.11 PM): ASG shows the WhatsApp chats and tells talking about bulk amounts cannot be used for personal consumption. we are trying to trace the foreign national

Oct 13 (5.10 PM): When section 29 of the NDPS Act is charged the conspirator will be punished, no matter if he has drugs or not

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Oct 13 (5.05 PM): he further adds that the reason he is saying this because in the case of conspiracy it is not necessary that all the accused are found in possession of the drugs

Oct 13 (4.37 PM): ASG Anil Singh asks for an hour’s break, adds if something needs to be submitted, we will continue tomorrow, he further says nobody is here for bail but a much bigger picture of illegal drug trafficking which is a serious issue, it is not necessary that the decision needs to be taken today itself, there are endless bail pleas heard every day.

Oct 13 (4.33 PM): This case is all about Merchant and Khan whom I don’t even know so why am I being held behind bars. They say the drugs were found in the corner of the room so how is it called in possession of me? They are trying to show it as a conspiracy when even nobody is connected. why are they not arresting others and targeting me in between for no reason?

Oct 13 (4.30 PM): Dhamecha denies her relation with Aryan, says she doesn’t know him and has never met him, just knew he is famous.

Oct 13 (4.27 PM): Adv Ali Kaashif begins his defense for Munmun Dhamecha he says that she was invited by Baldev but he has not been arrested

Oct 13 (4.25 PM): He further tells that he recovered the drugs from Aachit but that has been done, and how are they conducting a joint trial when it was only for his consumption? they should be released because they have learnt their lesson.

Oct 13 (4.23 PM): The whole scenario is because of WhatsApp chats and the Panchnama. the recovery of phones will charge section 27(z) but nothing was recovered and when they didn’t find a phone from both of us, how did they find the chats?

Oct 13 (4.22 PM): Adv Taraq Sayed begins his defense for Merchant

Oct 13 (4.11 PM): Desai argues without any possession of drugs and with a maximum punishment of 1 year, there is no point in keeping him under custody.

Oct 13 (4.09 PM): Desai passes a chart that describes the arrest of Aryan Khan then moves on to court’s judgment on the D’Silva case of August

Oct 13 (4.02 PM): Desai adds, Merchant had the drugs for himself and that cannot be called a conspiracy. He has been booked for 8(c), 20(b), and 27

Oct 13 (3.57 PM): Desai reads the bail application and says he was booked under sections 27, 20(b), 28, 29, 8(c) of the NDPS Act

Oct 13 (3.53 PM): Illicit drug trafficking comes under section 27(A) and the NCB did not invoke him of that because they knew he was not involved in illicit trafficking, Desai said.

Oct 13 (3.46 PM): Even when he had nothing, the NCB has charged him with illicit drug trafficking. the senior advocate calls it a serious offense.

Oct 13 (3.40 PM): Arbaaz accepted consuming the charas himself, so there is no point of selling it neither is Aryan related to it.

Oct 13 (3.36 PM): Desai further adds, again and again, it is being said that there were drugs and cash but Aryan was in possession of none. There were only 6 grams of charas and that too with Arbaaz and Aryan has been unnecessarily clubbed with Arbaaz and Munmun even when he had nothing. He didn’t have cash so he couldn’t buy drugs and when he couldn’t buy, he couldn’t consume or sell it

Oct 13 (3.24 PM): they cannot connect unconnected persons and call it a conspiracy, Desai argues

Oct 13 (3.15 PM): Desai further adds, Khan was in no possession of drugs or the ecstasy pills as mentioned

Oct 13 (3.13 PM): Film Producer Imtiaz Khatri is called upon for questioning by NCB

Oct 13 (3.12 PM): Desai argues that Aryan Khan was invited by a person who has not been arrested in the same

Oct 13 (2.57 PM): Adv Amit Desai begins his argument, he is representing the Superstar SRK’s son Aryan Khan in this case today.

Oct 13 (2.53 PM): ASG Anil Singh argues from NCB’s side, the hearing commences

Oct 13 (2.52 PM): NCB’s counsel Advait Sethna and ASG Anil Singh have reached the court

Oct 13 (2.08 PM): the NCB reply states: the investigation has found that accused no 1 (Aryan Khan)’s role in the case is of illicit procurement and distribution of contraband. It is evident that Aryan Khan used to acquire contraband from Accused No 2 (Arbaaz Merchant) and possession of 6 grams of charas was obtained from his shoes.

Therefore, Aryan and Arbaaz are closely related in the case. It is very clear that Accused No 17 and 19 distributed charas/ganja to Accused No 1 and Accused No 2. Accused No 3 (Munmun Dhamecha) was found in possession of 5 grams of hashish and arrested. She is said to have obtained it from the cruise and her guilty mental state is evident.

Oct 13 (01:27 PM): Hearing to commence at 2.45 pm

Oct 13 (1.20 PM): NCB stated that all the accused are connected to each other so it is not possible to release anyone. The hearing has not commenced yet. ASG Anil Singh and Special Public Prosecutor Advait Sethna has not reached the court.

Oct 13 (1.15 PM): The Narcotics Control Bureau submits its reply

Oct 13 (12.30 PM): The Narcotics Control Bureau to submit its reply soon

Oct 13 (11.30 AM): Mohit Bhartiya, the BJP leader hits back at Nawab Malik, tweeting his drug test reports on his account. Bhartiya challenged Malik back who was questioning Mohit over Aryan Khan’s drugs case on Saturday

Oct 13 (11.27 AM): Shah Rukh Khan’s manager, Pooja Dadlani arrives at the court for Aryan’s Khan’s bail hearing. Senior Advocate, Amit Desai is already in court. The court waiting for NCB’s written reply

SRK manager Pooja Dadlani

SRK manager Pooja Dadlani

Oct 13 (11.20  AM): Additional Solicitor General is expected to arrive soon, Shah Rukh Khan and Gauri leave for the court hearing from Mannat

Oct 13 (11.00  AM): The special judge under the NDPS Act (Narcotic Drugs & Psychotropic Substances Act), VV Patil will hear the case.

Oct 13 (10.00  AM): Shahrukh Khan family fans and supporters are praying for Aryan Khan Bail:

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