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Calcutta High CourtCRM (A)/116/2022allowed

Md Bablu Sk @ Babu Sk v. State Of West Bengal

2022-02-04Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

04.02.2022 Item no. 20 Court No.32 Avijit Mitra C.R.M. (A) 116 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Md. Bablu Sk. @ Babu Sk .... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Ranadeb Sengupta ..... for the State Apprehending arrest in connection with Raninagar Police Station Case No.488 of 2021 dated 23.11.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, the present application has been preferred. Heard the learned advocates appearing for the respective parties and considered the materials in the case diary including the report submitted by the Sub-Inspector of Police, Raninagar Police Station. Let the said report, as produced, be kept on record.

It appears that no contraband substance above commercial quantity was recovered from the possession of the petitioner and that his name has transpired on the basis of a coaccused's statement. In view thereof, the statutory restrictions are not attracted and the petitioner may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner namely, Md. Bablu Sk. @ Babu Sk, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only) with two sureties of like amount each, 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 with a further direction that the petitioner shall meet with the Investigating Officer of the case once a week till investigation is complete.

The petitioner shall attend the learned Trial Court on all the dates as specified for hearing.

The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioner's bail without any further reference to this Court. The application for anticipatory bail being C.R.M.(A) 116 of 2022 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)