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Calcutta High CourtCRM (A)/1514/2025rejected

Saniul Sk. @ Sariul @ Md. Sariul Sk. And ANR. v. State Of West Bengal

2025-05-07Hon'Ble Justice Jay Sengupta2 pages

07/05/2025 D/L 40 Ct. No.28 S.Kundu C.R.M.(A) 1514 of 2025 Rejected In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Baishanabnagar police station case no. 561 of 2024 dated 20.6.2024 under sections 21(c) /29 of the NDPS Act.

In the matter of: Saniul Sk. @ Sariul @ Md. Sariul Sk. & Anr.

... Petitioners Mr. Aniket Mitra Mr. M. Alam Sk.

...for the petitioners.

Mr. Debasish Roy Mr. P.P. Das Mr. K. Ganguly ...for the State.

1. Learned counsel appearing for the petitioners submits that petitioner no. 1 has already been arrested. As such, his prayer for anticipatory bail is being not pressed.

2. Accordingly, the application for anticipatory bail is dismissed as not pressed so far as the petitioner no.1 is concerned.

3. Learned counsel for the petitioner further submits that the charge-sheet has been submitted against the petitioner. There is no other material except for the statement of a co-accused, which is inadmissible in evidence.

4. Learned Public Prosecutor appearing for the State submits that there is money trail leading to the present

petitioner and there are call records of the petitioner with the prime accused at the relevant time.

5. Considering 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 no. 2.

6. Accordingly, the application for anticipatory bail is disposed of.

7. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)