Alamgir Sk @ Haler And ORS v. State Of West Bengal

29-09-2021 (ct. no.32) KOLE CRM 3360 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti Police Station Case No. 188 of 2020 dated 15.05.2020 under Section 21(c) of the NDPS Act.

- A n d - In the matter of : Alamgir Sk @ Haler & Ors.

.... Petitioners.

Mr. A. Rahaman, ... For the Petitioners.

Mr. S. Bardhan, Mr. P. C. Majhi, ... For the State.

The petitioners renew their prayer for anticipatory bail which was rejected by a Coordinate Bench by an order dated July 2, 2020 passed in CRM 4703 of 2020.

The petitioners say that since such rejection, charge sheet has been submitted wherefrom it will appear that recovery of commercial quantity of phensedyl was made from the exclusive possession of one Abdul Bari. Contending that there was no recovery from these petitioners, the petitioners pray for anticipatory bail.

We have seen the material in the case diary as also the charge sheet. The charge sheet specifically mentions these petitioners and it is stated therein that these petitioners are involved in the alleged offence. Further, there has been no significant change of circumstances after the first rejection of the petitioners' prayer for anticipatory bail.

On an overall assessment of the material on record and the nature of the alleged offence and keeping in mind that the

petitioners have been shown as absconders and warrant of arrest has been issued against them, we are not inclined to allow the prayer of the petitioners for anticipatory bail. The prayer for anticipatory bail is rejected. CRM No. 3360 of 2021 is, thus, dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )