Rajesh Sk v. State Of West Bengal

03.09.2020 SL No.87 AP CRM 6163 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Singur P.S. Case No.73 of 2020 dated 09.03.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In the matter of: Rajesh Sk ....Petitioner.

Mr. Amanul Islam ...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta ...for the State.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission made on behalf of the petitioner that no narcotic substance was recovered from his possession and as his complicity in the alleged offence has transpired from the statement of co-accused before police officer which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner namely Rajesh Sk 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 before the court below and pray for regular bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)