Mohd. Sameer Mohd. Iqbal Shaikh Alias Moty v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3414 OF 2025 Rabiya Abudl Khan @ Rabo ...Applicant V/s.

The State of Maharashtra

...Respondent

AND ANTICIPATORY BAIL APPLICATION NO. 3261 OF 2025 Mohd. Sameer Mohd. Iqbal Shaikh Alias Moty ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Anurag Mishra a/w Adv. N. Bhanushali, Advocate for the Applicants.

Mr. B. V. Holambe Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

12.12.2025.

P.C. :

1.

Both these applications are arising out of one and the same crime and thus they are being disposed of by this common order.

2.

The applicants are apprehending their arrest in Crime No. 263 of 2025 registered at D. N. Nagar Police Station, for the 1/3

offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3.

It is the case of the prosecution that on 16.02.2025, on the basis of secret information, a raid was conducted at the house of the co-accused Rizwana and 136 grams of MD (Mephedrone) worth Rs.6,80,000/- was recovered. During the course of interrogation, the said co-accused has disclosed that she had purchased the said contraband from the present applicants. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

The learned counsel for the applicants submits that except the statement of co-accused there is no incriminating material against the applicants. It is submitted that nothing is to be recovered from the applicants and therefore there is no need of custodial interrogation. It is submitted that there are no other criminal antecedents against the present applicants. 6.

On the other hand, the learned APP for the respondentState submits that there is a material to show that the present applicants were in contact with co-accused Rizwana. It is further 2/3

submitted that there are financial transactions between the said co-accused and the applicant, Rabiya Khan. The learned APP submits that considering the nature of crime custodial interrogation of the present applicants is necessary to unearth the larger conspiracy. It is submitted that the applicants therefore may not be released on anticipatory bail.

7.

I have perused the material on record. There is enough material against the applicants in the form of CDR and financial transactions between them and the co-accused Rizwana. Considering the nature of crime, I am not inclined to release the applicants on anticipatory bail. The applications are rejected. [N.R.BORKAR, J.] 3/3