Jannat Sekh@Jannai Sk And ORS v. State Of West Bengal

Dl.

33.

May 21, C.R.M. 1464 of 2021 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on February 4, 2021 in connection with N.D.P.S. Case No. 74 of 2016 arising out of S.I.'s S.L. No. 32/15/16 dated February 12, 2016 under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act; And In the matter of : Jannat Sekh @ Jannai Sk. & ors.. ...petitioners.

Versus

State of West Bengal ...opposite party.

Mr. Mrityunjoy Chatterjee, ...for the petitioners.

Mr. Sauibal Bapuli, Mr. Subrata Roy, ...for the State.

We have heard the learned advocates appearing for the parties and perused the case diary.

We have perused the contentions advanced in the application for anticipatory bail and we find that similarly placed accused persons have been granted anticipatory bail in C.R.M. 3175 of 2020 (Safar Seikh @ Seikh Saphar & ors. vs. State of West Bengal), C.R.M. 2970 of 2020 (In re: Basudeb Sarkar @ Basudeb Mandal) and C.R.M. 4076 of 2020 (In re: Sariyat Seikh @ sk.). Having due regard to the aforesaid fact, we are inclined to extend the provisions of Section 438 of the Code of Criminal Procedure in favour of the present petitioners.

Under such circumstances, we direct that in the event of arrest of the petitioners, namely, Jannat Sekh @ Jannai Sk., Sadek Sekh @ Sk. and Md. Hafizuddin Ahmed @ Hafizuddin Ahmed @ Sk., they shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) only each with

two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure and on further condition that they shall not tamper with evidence and/or intimidate witnesses. The application for anticipatory bail is, thus, allowed. dns ( Suvra Ghosh, J. ) ( Soumen Sen, J. )