Selim Sk. v. State Of West Bengal

02.05.2025 Court No.28 Item No.20 ssi CRM (A) 1413 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Lalgola PS Case No.895 of 2024 dated 30.08.2024 under Sections 21 (c )/29 of the NDPS Act.

And In the matter of: Selim Sk.

....Applicant/Petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner Mr. Sukhamoy Bhattacharya Mr. Subhasish Dutta ..for the State Learned counsel appearing on behalf of the petitioner submits as follows. As against the petitioner there is no other material available except for the statement of a co-accused, which is inadmissible in evidence. On similar footing, a co-accused was granted anticipatory bail by this Court on 10.04.2025 in CRM (A) 1055 of 2025. Learned counsel appearing on behalf of the State submits that apart from the statement of co-accused, there is hardly any material available against the present petitioner. Charge sheet has been submitted.

In view of the fact that apart from the statement of a co-accused, there is hardly any material available against the petitioner in the case diary, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act. Accordingly, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not try to influence the witnesses or threaten them and the petitioner shall attend the jurisdiction Court on dates fixed.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)