Jakir Sk v. State Of West Bengal

29.03.2022 Serial no. 124 [Dd] (anticipator bail Allowed) CRM(A) 695 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sagarpara Police Station Case No. 124 of 2021 dated 14.07.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Jakir Sk.

... ... Petitioner Ms. Minoti Gomes, Mr. Jisan Iqubal Hossain, Advocate ... ... For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh, Advocate ... ...For the State Considering the fact that the police filed charge sheet and considering the fact that no narcotic was recovered from the possession of the petitioner and considering the fact the petitioner is sought to be proceeded against on the basis of the statement of the co-accused while in custody, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner

shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM(A) 695 of 2022 is disposed of.

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