Riyan Shaikh @ Rian Sk And ANR v. State Of West Bengal And ORS.

08.06.2022.

79.

Ct.No.28.

as (Allowed) C.R.M. (A) 2294 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola P. S. Case No.656 of 2021 dated 27.08.2021 under Sections 21(c)/29 of the N.D.P.S. Act.

In the matter of : Riyan Shaikh @ Rian Sk & Anr. .... Petitioners.

Ms. Minoti Gomes.

...for the Petitioners.

Mr. Ranadeb Sengupta.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner contends no narcotic substance was recovered from her clients. They stand on the same footing of the coaccuseds who have been granted pre-arrest bail. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioners. Their complicity had transpired from the statement of co-accused before the police officer which is inadmissible in evidence.

Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are of the opinion that the petitioners have been able to rebut the statutory restrictions under

Section 37 of the N. D. P. S. Act and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall co-operate with the investigation and meet with the investigating officer once in a week until further orders and on further condition that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

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

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)