Alpesh Suresh Pargharmor v. State Of Maharashtra Thr, Pso. Ps. Jariptaka, Dist. Nagpur

2025:BHC-NAG:6047 1 925.ABA.369-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 369 OF 2025 ( Alpesh Suresh Pargharmor Vs.

State of Maharashtra, Thr. PSO, PS Jaripatka, District Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.R. Ali, Advocate for the Applicant.

Mr. N.R. Rode, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 25th JUNE, 2025 1.

Apprehending the arrest at the hands of Police in connection with Crime No.762/2024 registered with Police Station Jaripatka, District Nagpur for the offence punishable under Sections 8(c) & 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act), the Applicant approached to this Court for grant of anticipatory bail.

2.

The crime is registered on the basis of the report lodged by one Head Constable Nilesh Langade, whereby he received a secret information that the present Applicant and the other co-accused are possessing MD. Therefore, they conducted the raid and two persons were found at the spot and one person eloped from the spot of incident and from the two persons 7.7 gm of Mephedrone drug was seized and

2 925.ABA.369-2025.odt forwarded to Chemical Analyzer. On the basis of the said report, Police have registered the crime against the present Applicant.

3.

Heard learned Counsel for the Applicant, who submitted that, the intermediate quantity is recovered from the co-accused. As far as the present Applicant is concerned, there is no connection between him and the other co-accused. The Investigating Agency nowhere discloses any connection between both of them. Nothing is to be recovered from the present Applicant, and therefore, his custodial interrogation is not required.

4.

Learned APP strongly opposed the said Application and submitted that, from the CDR reports, the connection between the present Applicant and the other co-accused revealed. The statement of the friend of the present Applicant also discloses his involvement in the above said crime and at this stage prima facie material is against the present Applicant and considering the nature of the offence the prayer for grant of ad interim anticipatory bail deserves to be rejected.

5.

On hearing both the sides and on perusal of the investigation papers, it reveals that, prior to the incident there was communication between the present Applicant and the other co-accused. Admittedly, the intermediate quantity of Mephedrone was seized from the other co-accused. During investigation, the Investigating Officer has recorded the statement of various witnesses including one Prachi, who is

3 925.ABA.369-2025.odt allegedly the friend of the present Applicant. From her statement also, the involvement of the present Applicant discloses in the offence which is registered under the NDPS Act. She specifically stated that, the present Applicant has eloped from the place and now absconding. Thus, considering the fact that the Applicant is absconding and his involvement reveals not only from the CDR reports but from the statement of witnesses also. At this stage, sufficient material is on record to show his connection with the present crime. In view of that, the Application deserves to be rejected. Accordingly, I proceed to pass following order:

O R D E R

i.

The Application is rejected.

6.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 27/06/2025 17:15:00