Basu Mondal v. State Of West Bengal

10.06.2022 cm/ct 28 C.R.M. (A) No. 2498 of 2022 sl no. 88 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Suti P.S Case No. 56 of 2009 dated 27.02.2009 under Section 18 of the NDPS Act and under Section 34 of the I.P.C.

And Allowed In Re : Basu Mondal ..... petitioner Mr. Jisan Iqubal Hossain Mr. Sabir Ahmed ... for the Petitioner.

Mr. Avishek Sinha ...... for the State Petitioner is not the owner of the land where the poppy cultivation was carried on and charge-sheet has been filed in 2022. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record.

Contemporaneous land records do not show petitioner as the owner of the land where poppy cultivation was carried on. Investigation is complete and charge-sheet was filed in 2022. In view of the aforesaid facts, we are inclined to 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/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2498 of 2022 is disposed of.

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