Ali Murtuja v. State Of West Bengal

C.R.M. (A) 1266 of 2022 16.03.2022 Sl. 27 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 04.03.2022 in connection with Lalgola P.S. Case No. 670 of 2021 dated 02.09.2021 under Sections 21(b)/29 of the NDPS Act. And In the matter of: Ali Murtuja ....petitioners.

Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Subhadip Pramanick ...for the petitioners.

Mr. Ranadeb Sengupta ...for the State.

Petitioner seeks anticipatory bail.

Considering the fact that no narcotics was recovered from the possession of the petitioner and considering the fact that the petitioner is sought to be proceeded against on the basis of the statement of the co-accused made while in custody and considering the fact that the police filed charge-sheet, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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.

Consequently, we grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1266 of 2022 is dismissed.

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