Wasim Khan 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.167/2024 Date:-(Not mentioned) registered at P.S. - Taal District -Ratlam (M.P.) for commission of offence punishable under Sections 8/21 and 29 of the N.D.P.S. Act.

Prosecution story in short is that, on 05.04.2024 co-accused Amjad Khan was found in possession of 30 grams of smack without having any license or authority. The Police had seized the aforesaid contraband from possession of the co-accused Amjad Khan. During investigation, it was found that present applicant had supplied the aforesaid contraband to co-accused Amjad and was to be supplied to co-accused Aziza Bee and Vijay.

Learned counsel for the applicant submit that she has not committed the offence and has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Amjad Khan. It is also submitted that no contraband was seized from the possession of the present applicant. There is no legal evidence available against the applicant in the case to connect the applicant in the offence. He has no criminal past. It is submitted that applicant is a reputed person and police is trying to arrest her, if she is arrested then her reputation will be tarnished therefore, it is prayed that applicant be granted anticipatory bail.

On other hand, counsel for the non-applicant/State has objected the prayer of the applicant and prayed for rejection of the application.

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 - WASIM KHAN shall be released on bail upon her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for her appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands disposed of, accordingly.