Prakash Chandra Gupta, J
1. Th is is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant/accused is apprehending his arrest in connection with FIR/Crime No.672/2021 dated (not mentioned) registered at Police Station - Neemuch Kant, District - Neemuch (M.P.) for the offence punishable under Sections 8/21(B) and 8/29 of NDPS Act.
2. Prosecution story, in brief is that on 13.12.2021, the co-accused Farid @ Lalu was transporting of 6 grams of Smack without having any license or authority. The Police had seized the aforesaid contraband from the possession of the co-accused Farid @ Lalu. During investigation, it was found that the present applicant had supplied the contraband to the co-accused Farid @ Lalu.
3. Learned counsel for the applicant submits that the applicant has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Farid @ Lalu. There is no legal evidence available against him, therefore, alleged offence has made out against the applicant. He is a reputed person, if Police arrests him, his reputation will be tarnished therefore, prayer is made for grant of anticipatory bail to the applicant.
4. Learned counsel for the respondent/State has objected the prayer of the applicant and prayed for its rejection.
5. Having considered the rival submission and after perusal of case diary so also considering the fact and circumstances of the case, this Court is of the view that applicant deserves to the enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.
6. It is directed that in the event of arrest, applicant - Manna Dayma shall be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his 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.
7. M.Cr.C. stands disposed off, accordingly. Certified copy, as per rules.
