Rubal Sekh@Rubel Sk And ORS v. State Of West Bengal

14.02.2022 Serial no. 09 Dd CRM (A) 602 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No. 255 of 2019 dated 03.09.2019 under Sections 21 NDPS Act, being Charge Sheet No. 301 dated 11.08.2021.

-AndIn the matter of : Rubal Sekh @ Rubel Sk. & Ors. ... Petitioners Mr. Prosenjit Mukherjee, Ms. Paulomi Dutta, Ms. Tiyasa Ghosh, Mr. Subodh Banerjee, Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Saryati Datta, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that no narcotic was recovered from the possession of the petitioners. The police are proceeding against the petitioners on the basis of the statements of the co-accused recorded while in custody. The police, in any event, filed charge sheet and, therefore, custodial interrogation of the petitioners is not required.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case dairy. Considering the fact that no narcotic was recovered from the possession of the petitioners and considering the fact that police are proceeding against the petitioners on the

basis of the statements of the co-accused made while in custody and considering the fact that police filed charge sheet, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, 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 and on further condition that the petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioners shall appear before the jurisdictional Court on every date fixed for hearing. Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 602 of 2022 is disposed of.

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