Asma Bibi @ Asha Bewa v. State Of West Bengal

CRM(A) No.156 of 2022 Via video conference 04.02.22 (S.R.) Sl.32 Ct.32 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Berhampore Police Station Case No.506 of 2021 dated 24/05/2021 under Sections 22(c)/29 of the NDPS Act;

And In re: Asma Bibi @ Asha Bewa ... petitioner.

Mr. Tapodip Gupta ... for the petitioner.

Mr. Binay Panda Mr. Subham Bhakat ... for the State.

Heard the learned advocates appearing for the respective parties. It appears that no contraband substance above commercial quantity was recovered from the possession of the petitioner and that her name has transpired on the basis of co-accused statements. In view thereof, the statutory restrictions are not attracted. The petitioner is also a female family member and, prima facie, there is no possibility that she would flee from justice or delay the trial by abscondence. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation is not necessary. Accordingly, we direct that in the event of arrest the petitioner will be released on bail upon furnishing a bond of Rs.

10,000/- 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 with a further condition that the petitioner shall attend the learned trial court on all the dates specified for hearing. It is further directed that the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever.

with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel her bail without any further reference to this Court.

The application for anticipatory bail being CRM(A) No.156 of 2022 is, accordingly, 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.)