Sarfaraz Adil Patel v. State Of Maharashtra

1 924-ABA 3346-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3346 OF 2025 Sarfaraz Adil Patel ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Agastya Desai for the Applicant.

Ms. Rutuja Ambekar, APP for the Respondent-State. PSI Avinash Darade, IO, D. N. Nagar PS is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

12TH DECEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE MUGDHA MANOJ PARANJAPE Date: 2025.12.12 19:07:50 +0530 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.245 of 2025 registered with D. N. Nagar Police Station for the 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 14th February 2025, on the basis of the secret information, co-accused Sameer Ahmed Salim Ahmed Shaikh @ Laddha was apprehended and he was found in possession of 52 grams of Mephedrone. During the course of interrogation, it is revealed that the said contraband was purchased by him from the present Applicant.

2 924-ABA 3346-25.doc 4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicant submits that except the statement of the co-accused, there is no other incriminating material against the Applicant. It is submitted that this Court by the order dated 24th November 2025 in Anticipatory Bail Application No.2634 of 2025 has granted anticipatory bail to the co-accused Rehan Iqrar Ahmed Ansari. It is submitted that allegations against the said co-accused and the present Applicant are similar. It is further submitted that there are no criminal antecedents against the present Applicant.

6.

On the other hand, Learned APP for the Respondent-State submits that commercial quantity of Mephedrone was recovered from the coaccused Sameer Ahmed. It is submitted that the present Applicant was in constant contact with the said co-accused Sameer Ahmed. The Learned APP submits that there is enough incriminating material against the Applicant to connect him with alleged crime, which was not there against the co-accused to whom this Court has granted anticipatory bail. In support of the said submission, Learned APP has drawn my attention to the statement of witness Shahrukh Mustaq Ahmed Qureshi, WhatsApp chat between the said witness and co-accused Sameer Ahmed and CDR. It is submitted that considering the nature of crime, the custodial interrogation of the Applicant is necessary.

3 924-ABA 3346-25.doc 7.

I have perused the material on record. It appears that the Applicant was in constant contact of co-accused Sameer Ahmed. The involvement of the Applicant prima facie appears to be apparent from the WhatsApp chats produced on record. Considering the nature of offence, I am not inclined to release the Applicant on anticipatory bail. Hence, the Anticipatory Bail Application is rejected.

(N.R. BORKAR, J.)