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Speaking order of the Bombay High Court allowing bail to Aryan Khan son of Bollywood actor Shah Rukh Khan says no material on record to infer that applicants have hatched conspiracy to commit the offence.

The bench of Justice Nitin W Sambre noted, "at this stage, it is difficult to infer that Applicants are involved in an offence of commercial quantity."

Khan was arrested on October 3 after which he was remanded to NCB custody till October 7. Thereafter he was sent to judicial custody, with his bail being rejected by the Magistrate.

The Bombay High Court on October 28 had granted bail to Bollywood actor Shahrukh Khan's son, Aryan Khan, and fellow accused Arbaaz Merchant and Munmun Dhamecha in the Cordelia Cruise drugs case by way of a short order keeping the speaking order pending.

The Bombay High Court observed that "This Court is required to be sensitive to fact that there has to be presence of basic material in the form of evidence so as to substantiate the case of conspiracy against the Applicants."

In connection to the WhatsApp chats the bench noted, "After having gone through the Whats-App chats extracted from Applicant/Accused no. 1 phone, nothing objectionable could be noticed to suggest that Applicant nos. 1 & 2 or all three applicants alongwith other Accused persons in agreement have meeting of minds and have hatched conspiracy committing the offence in question."

The bench further observed that "provisions of said Section 37 prima facie will not be attracted in the case in hand as this Court has already observed that there is no material on record to infer that Applicants have hatched conspiracy to commit the offence."

Earlier, the Magistrate Court had rejected an application by the Narcotics Control Bureau seeking further custody of Aryan Khan, son of Bollywood actor Shahrukh Khan, actor Arbaaz Merchant, model Munmun Dhamecha and others in the Cordelia Cruise Drugs case.

Case Title: Aryan Khan Vs. Union of India & Anr.