Calcutta High CourtCRM (A)/297/2022allowed

Sujay Halder v. State Of West Bengal

2022-02-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

CRM(A) No.297 of 2022 Via video conference 15.02.22 (S.R.) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bamangola Police Station Case No.169 of 2021 dated 10/10/2021 under Sections 20(b)/29 of the NDPS Act and Section 14A of the Foreigners Act; Sl.53 Ct.32 And In re: Sujay Halder ... petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... for the petitioner.

Mr. Ranabir Ray Chawdhury Mr. Mainak Gupta ...for the State.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. 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 co-accused statements. In view thereof, the statutory restrictions are not attracted. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation of the petitioner 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 as 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 the petitioner's bail without any further reference to this Court.

The application for bail being CRM(A) No.297 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.)