Rabiul Islam @ Babu Miya v. State Of West Bengal

03.03.2023 Serial no. 12 [Dd] (Anticipatory bail) Allowed) CRM (A) 938 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 437 of 2021 dated 26.10.2021 under Sections 22(c)/29 of the NDPS Act, 1985, read with 27A of the Drugs and Cosmetics Act. -AndIn the matter of : Rabiul Islam @ Babu Miya ... ... Petitioner Mr. Kaushik Chowdhury, Ms. Busra Khatun, Advocates ... ... For the Petitioner Mr. Ranabir Roychowdhury, Mr. Mainak Gupta, Advocates ... ...For the State The claim for parity with other co-accused who was enlarged on anticipatory bail by the order dated January 6, 2023 passed in CRM (A) 23 of 2023 is not being disputed on behalf of the State.

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 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) 938 of 2023 is disposed of.

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