Ratan Barman v. State Of West Bengal

19.02.2024 Serial no. 03 Anticipatory bail [Allowed] Dd CRM (A) 509 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 340 of 2023 dated 29.04.2023 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act, 1985.

(NDPS Case No. 38/2023) -AndIn the matter of : Ratan Barman ... ... Petitioner Mr. Kaushik Chowdhury, Ms. Busra Khatoon, Advocates ... ... For the Petitioner Ms. Faria Hossain, Ms. Purnima Ghosh, Advocates ... ...For the State Co-accused was enlarged on anticipatory bail by the order dated February 13, 2024 passed in CRM (A) 489 of 2024. Police filed charge sheet.

In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we 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 on every date 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) 509 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)