Sameer @ Gulfam vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first bail application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant in connection with FIR/Crime No.197/2024 Date:-(not mentioned) registered at P.S.- Kanadiya District-Indore (M.P.) for commission of offence punishable under Sections 8/22, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Prosecution story in short is that, on 30.04.2024 co-accused persons Sahil and Junaid were found in possession of 5 grams of contraband MḌ Drug without valid license and authority. Police had seized the aforesaid contraband from the possession of co-accused persons and accordingly crime was registered against them During investigation, it was revealed that present applicant Sameer @ Gulfam had supplied the aforesaid contraband to the co-accused persons Sahil and Junaid.

3 . Learned counsel for the applicant submit that the applicant has not committed the offence and has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Sahil and Junaid under Section 27 of Evidence Act. No contraband was seized from the possession of the present applicant. There is no legal evidence available against the applicant. It is submitted that applicant is a reputed person and police is trying to arrest him if he is arrested then his reputation will be tarnished therefore, it is prayed that applicant be granted anticipatory bail.

On the other hand, learned counsel for the non-applicant has opposed the prayer and prayed for its rejection.

Having heard learned counsel for the parties, perused the case-diary also considering the facts and circumstances of the case, in view of this court it is a fit case to grant anticipatory bail to the applicant. Accordingly, application for bail is allowed.

It is directed that in the event of arrest, applicant- Sameer @ Gulfam shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One lac only) with two sureties of Rs.50,000/-(Rupees Fifty thousand only) each out of which one local surety to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.