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Calcutta High CourtCRM (A)/1719/2022allowed

Jony Sk @ Kattu v. State Of West Bengal

2022-04-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 1719 of 2022 (AD) 22.04.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti P.S. Case No.20 of 2022 dated 08/01/2022 under Sections 21(b)/29 of Narcotic Drugs and Psychotropic Substances Act. And Court No.29 (Allowed) In the matter of: Jony Sk. @ Kattu ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Ranadeb Sengupta ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that no narcotics was recovered from the possession of the petitioner. The police submitted charge sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State submits that the 100 grams of heroin was seized from the co-accused. The petitioner is named by independent persons.

Considering the fact that the police submitted charge sheet and considering the fact that no narcotics was recovered from the possession of the petitioner, 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 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1719 of 2022 is disposed of.

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