Gopal Sarkar v. State Of West Bengal

05.03.2021 Item No.26 Ct.No.28 Subha Allowed C.R.M. 561 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Gopal Sarkar .. Petitioner.

Mr. Kaushik Chaudhury Ms. Busra Khatun ... For the Petitioner.

Mr. Tapandeb Nandy Mr. Antarikhya Basu ... For the State. Apprehending arrest in connection with Hili Police Station Case No. 83 of 2020 dated 23.07.2020 under Sections 411/414 of the Indian Penal Code read with Section 20(b)(ii)(c) of the NDPS Act, the present application has been filed.

Mr. Chaudhury, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated and there has been no recovery of contraband substance from the possession of the petitioner. His name has transpired on the basis of the statement of the coaccused persons and similarly situated co-accused persons have already been been granted anticipatory bail by a coordinate Bench of this court by an order dated 14th

December, 2020 in CRM 10307 of 2020. In view thereof, custodial interrogation of the petitioner is not necessary. Mr. Tapandeb Nandy, learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail. Having heard the learned advocates and as the petitioner's name has transpired on the basis of the statement of co-accused person, which is inadmissible in evidence and as similarly situated co-accused persons have already been granted anticipatory bail and since there had be no recovery of contraband substance from the possession of the petitioner, we are of the opinion that the petitioner has been able to overcome the hurdle of Section 37 of the NDPS Act and as such he is entitled to the privilege of anticipatory bail.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner, namely, Gopal Sarkar shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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.

The application for anticipatory bail, being CRM 561 of 2021 is, thus, disposed of.

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