Md Azad Ali v. State Of West Bengal

18.02.2026 Court No.28 Item No.39 ssi CRM (A) 386 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.1103 of 2025 dated 30.12.2025 under Sections 21 ( C)/ 29 of the NDPS Act.

And In the matter of: Md. Azad Ali.

.... Petitioner.

Mr. Soumyajit Das Mahapatra Ms. Rupsa Sreemani Ms. Madhurai Sinha ...for the petitioner Mr. Bibaswan Bhattacharya Ms. Dhanashree Biswas ..for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there is no incriminating material available against the present petitioner. He submits that the petitioner is being falsely implicated in cases because of influence of someone very powerful. In three earlier cases, the petitioner got acquittal from the trial Court. In one case, he was released by this Court. The present one is the only other case pending under the NDPS Case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that other than these cases, this is another case registered against the petitioner, although not involving offences under the NDPS Act. However, there are no money trail or phone call record to implicate the present petitioner. Other

than the statement of the co-accused, there is no other material, as of now, available against 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 materials available in the case diary, 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 co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. (Jay Sengupta, J.)