Atik Mondal@Atikul Rahaman Mondal @Atikur And ORS. v. State Of West Bengal

07.01.2022 Ct. No. 29 sdas Allowed C.R.M. (A) No. 64 of 2022 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 468 of 2020 dated 20.11.2020 under Sections 21(C ) & 29 of the NDPS Act.

And In Re : Atik Mondal @ Atikul Rahaman Mondal @ Atikur & Ors. ....... petitioners Mr. Sumanta Das .....for the petitioners Mr. Saryati Datta ....for the State It is submitted by the learned Counsel appearing for the petitioners that no narcotic substance was recovered from their possession and they have been falsely implicated in the instant case.

Learned Counsel appearing for the State produces case diary.

We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioners. Their complicity has arisen from the statement of the coaccused before police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioners have been able to rebut the statutory restrictions under Section 37 of the NDPS Act and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that the petitioners shall appear before the court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)