Ansur Ali @ Anisur Ali @ Mohammad Anisur Rahaman v. State Of West Bengal

08.04.2025 Court No.28 Item No.25 tbsr Allowed CRM (A) 1141 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgola P.S. Case No.787 of 2024 dated 28.07.2024 under Sections 21(C)/29 of the NDPS Act 1985.

And In the matter of: Ansur Ali @ Anisur Ali @ Mohammad Anisur Rahaman ....Petitioner.

Mr. Arnab Chatterjee Ms. D. Biswas Ms. Poulami Bose ...for the petitioner.

Mr. Rana Mukherjee Ms. Nandini Chatterjee .....for State Learned counsel appearing on behalf of the petitioner submits as follows. A charge sheet has already been submitted in this case. The petitioner's brother, a co-accused, was granted bail. There is nothing against the petitioner except statement of some co-accused, which are inadmissible in evidence.

Learned counsel appearing on behalf of the State relies on the case diary and submits as follows. There are three statements of coaccused implicating the present petitioner. However, no CDR or call detail records have been collected. Except for the statements of the co-accused, there is hardly anything against the petitioner. Charge sheet has been submitted.

In view of the fact that apart from the statement of the co-accused there is nothing against the petitioner, the restriction contained in Section 37 of the NDPS Act stands rebutted.

Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall not threaten or intimidate witnesses. The petitioner shall surrender before the learned trial court within two weeks from this date. The application for anticipatory bail is, thus, allowed. (Jay Sengupta, J.)