Ajij @ Ajiz v. State Of West Bengal

06.05.2025 Sl. No.15 Ct. 28 NB C.R.M. (A) 1414 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 Goalpoher P.S. Case No.425 of 2023 dated 01.08.2023 under Sections 21(c)/29 of the NDPS Act.

And In the matter of : Ajij @ Ajiz ... petitioner Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Soumik Ganguly, Ms. Sreetama Das.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that there is nothing against the petitioner except for statement of a co-accused.

Learned counsel appearing on behalf of the State relies on the report, which is taken on record and submits as follows. Although no other specific criminal case was registered against the petitioner's name, however he was known as a notorious smuggler in the area. Moreover, proclamation and attachment had been issued against the petitioner. In the Trial Court, prosecution has already examined 5 out of 13 witnesses.

In view of the fact that the proclamation and attachment had been issued against the petitioner and the trial Court has already examined a number of witnesses, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail is rejected.

However, the petitioner shall be at liberty to surrender before the learned Trial Court and pray for bail. If the same is done within four weeks from this date, the prayer for bail shall be considered in accordance with law.

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.)