Saidul Mondal v. State Of West Bengal

24.04.2024 Item No.15 Ct. No. 29 CHC Allowed C.R.M.(A) 1425 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 238 of 2023 dated 22.04.2023 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, now pending before Learned Special Judge (under NDPS Act)-cum-ADJ, 3rd Court, Balurghat, Dakshin Dinajpur.

And In the matter of : Saidul Mondal ...... petitioner Mr. Kaushik Choudhury, Ms. Busra Khatun ....for the petitioner Mrs. Sonali Das, Ms. Sanjida Sultana ....for the State Petitioner prays for anticipatory bail.

Police filed charge-sheet.

Claim of parity with other co-accused who was granted anticipatory bail by the order dated February 13, 2024 passed in CRM(A) 459 of 2024 and October 3, 2023 passed by a coordinate Bench in CRM(A) 3973 of 2023 is not being disputed on behalf of the State.

In such circumstances, we are of the view that, the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 24 th of April 2024 06:37:14 PM

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 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. CRM(A) 1425 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)