Anikul Sk v. State Of West Bengal

CRM (A) 123 of 2022 (Via Video Conference) 25.01.2022 Sl. 54 Court No.29 pg.

(Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola P.S. Case No. 32 of 2021 dated 17/01/2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Anikul Sk.

....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that no narcotic was seized from the possession of the petitioner. The petitioner was sought to be falsely implicated on the basis of the statement of a co-accused in custody. The police have been filed charge-sheet.

Learned advocate appearing for the State submits that the promulgation of warrant of arrest was issued against the petitioner which is yet to be executed.

Considering the fact that no narcotic was seized from the possession of the petitioner and that the petitioner was sought to be implicated on the basis of the co-accused in custody and considering the fact that the police filed charge-sheet, we are of the view that the petitioner is able to rebut the presumptions under Section 37 of the NDPS Act, 1985. Consequently, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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 appear before the jurisdictional Court on the dates fixed for trial and pray for regular bail within four weeks from date.

The application for anticipatory bail being CRM(A) 123 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)