Hasen Mondal v. State Of West Bengal

01.05.2025 Sl. No.22 Ct. 28 NB C.R.M. (A) 1391 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram P.S. Case No.132 of 2024 dated 21.05.2024 under Sections 21(c)/22(c)/23(c)/27A of the NDPS Act. And In the matter of : Hasen Mondal ... petitioner Mr. Kaushik Choudhury.

...for the petitioner.

Ms. Sreyashee Biswas, Mr. Rajesh Jana.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that other than the statement of the co-accused, which is not admissible in evidence, there is hardly anything against the another. The petitioner is not named in the FIR. Charge sheet has been submitted.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that a commercial quantity of contraband article was recovered from a co-accused. The CDR and SDR details of call records show that the present petitioner was in touch with the principal accused as well as the coaccused at the relevant time. In view of the incriminating materials available in the case diary and the restriction contained in Section 37 of the NDPS Act, I am not inclined to grant anticipatory bail to the petitioner.

The application for anticipatory bail being CRM(A) 1391 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)