Rubel Mia @ Rubel v. State Of West Bengal
08.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1793 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1335 of 2022 dated 19.11.2022 under Sections 379/411/413/414 of the Indian Penal Code, 1860 and under Sections 21(c)/27(a)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. And In the matter of : Rubel Mia @ Rubel ...... petitioner Ms. Minoti Gomes, Mr. Majhar Hossain Chowdhury ....for the petitioner Mr. Rudradipta Nandy, Ld. A.P.P.
Mrs. Sonali Das, Mr. Subrata Roy ....for the State Report as called for by the order dated April 27, 2023 filed in Court be taken on record.
Report does not demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized quantity of narcotics at this stage. Apparently, the police are proceeding on the basis of the statement of the co-accused while in custody. In such circumstances, we grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, 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 and on further condition that the petitioner shall meet the Investigating Officer once in a week till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)