Imran Sk @ Imran Ali Mondal And ANR v. State Of West Bengal

05.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2034 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 555 of 2021 dated 20.10.2021 under Sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Imran Sk. @ Imran Ali Mondal & Anr.

...... petitioners Mr. Jishan Iqubal Hossain ....for the petitioners Mr. Binoy Panda Mr. Subham Bhakat ....for the State Considering the fact that no narcotic was recovered from the possession of the petitioner and considering the fact that the police filed charge-sheet and considering the fact that the police are unable to establish any nexus between the petitioners and the persons arrested with the commercial quantity of narcotic at this stage and considering the fact that other coaccused was enlarged on anticipatory bail by the order dated January 4, 2022 passed in CRM 7721 of 2021, we are of the view that the petitioners are able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we grant anticipatory bail to the petitioners

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)