Masud Miah @ Masud Mondal v. State Of West Bengal

12.01.2021 Item No.86 Ct.No.28 dc.

Allowed C.R.M. 60 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Masud Miah @ Masud Mondal ... Petitioner. Mr. Kaushik Choudhury, Mr. Sabyasachi Hazra, Ms. Busra Khatun ... For the Petitioner.

Mr. T. Nandy, Mr. Antarikhya Basu ... For the State.

Apprehending arrest in connection with Hili P.S. Case No. 34 of 2017 dated 07.02.2017 under Sections 411/414 of the Indian Penal Code and Sections 21(C)/22(C)/23(C) of the Narcotic Drugs and Psychotropic Substances Act (Special Case No. 12 of 2017), the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the criminal proceedings and no recovery of contraband substance was made from the petitioner. The learned advocate for the petitioner further submits that co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court.

The learned advocate appearing for the State has placed before us the case diary.

Having heard the learned advocates and upon considering the materials in the case diary and since coaccused persons have already been granted anticipatory bail, we are of the opinion that custodial detention of the petitioner is not necessary.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet with the Officer-in-Charge of Hili Police Station once a week on and from 15.01.2021 until further orders. The application for anticipatory bail, being CRM 60 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)