Neshu Sekh v. State Of West Bengal

27.05.2021 Court No.28 Item No. 02 Krishnendu Allowed CRM 1099 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Neshu Sekh & Ors.

Petitioners Mr. Angshuman Chakraborty Mr. Bhaskar Chatterjee For the Petitioners Mr. Saibal Baspuli Mr. S.S. Imam Mr. Subrato Roy For the State Apprehending arrest in connection with S.I.s S.L. No. 126/15-16 dated 6.2.2016 Chanchal Excise Circle, Malda under sections 8(b)/29/46/18(c) of the N.D.P.S. Act (N.D.P.S. Case No. 67 of 2016), the present application has been preferred. Mr. Chakraborty, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. Co-accused persons, similarly situated with the petitioners, had already been granted anticipatory bail. The learned advocate appearing for the State does not dispute the fact that co-accused persons, similarly situated with the petitioners, had already been granted anticipatory bail. In view thereof and on the ground of parity and considering the allegations as levelled, we are of the opinion that custodial detention/ interrogation of the petitioners is not warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, we direct that in the event of arrest the petitioners, namely, Neshu Sekh, Sentu Sekh and Sajiruddin Sk. @ Sejahar Sekh, shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 present order shall be valid for a period of six weeks from date and in the meantime the petitioners shall appear before the learned Court below and pray for regular bail. The application for anticipatory bail, being CRM No. 1099 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. (Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)