Hafizur Rahaman v. State Of West Bengal

CRM (A) 2066 of 2022 06.05.2022 Sl. 14 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj P.S. Case No. 669/2021 dated 21/10/2021 under Sections 21(c)/29 of the NDPS Act.

And In the matter of: Hafizur Rahaman ....petitioner.

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

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

Petitioner seeks anticipatory bail.

Considering the fact that no narcotic was recovered from the possession of the petitioner and considering the fact that the police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody and considering the fact that another co-accused similarly situated was afforded the privilege of anticipatory bail by the order dated December 17, 2021 in CRM 7622 of 2021, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Consequently, 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.

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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 2066 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Kausik Chanda, J.)