Fayek Ali v. State Of West Bengal
16.02.2026 Court No.28 Item No.36 ssi CRM (A) 298 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Lalgola Police Station Case No.669 of 2025 dated 25.07.2025 under Sections 21 (C )/29 of the NDPS Act.
And In the matter of: Fayek Ali .... Petitioner.
Ms. Minoti Gomes Mrs. Benajir Hasna Mr. Sadid Haider ...for the petitioner Ms. Sonali Das Mr. Sourat Nandy ..for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the only material available against the present petitioner is the statement of the co-accused which is not admissible in evidence. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he relies on the report and submits that there are no criminal antecedents, no phone call conversations or money trail to implicate the present petitioner. In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the case diary and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the application for anticipatory bail of the petitioner is allowed.
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, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The petitioner shall not threaten or intimidate the witnesses.
(Jay Sengupta, J.)