Tapan Ghosh v. State Of West Bengal

23.06.2026 Court No.28 Item No.24 ssi CRM (A) 1397 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with English Bazar Police Station Case No. 2098 of 2025 dated 19.09.2025 under Sections 21 (c )/25/27 (A)/29 of the NDPS Act. And In the matter of: Tapan Ghosh .... Petitioner Md. Wasim Akram Ms. Sabrina Parveen ...for the petitioner Mr.Krishnendu Bhattacharyya, Ld. APP Mr. Pritam Roy ..for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that other than the statement of co-accused, there is no other incriminating material available against the petitioner. Charge sheet has been submitted. A similarly circumstanced co-accused was granted anticipatory bail by this Court on 10.06.2026 in CRM (A) 1256 of 2026.

Learned counsel appearing on behalf of the State relies on the case diary and the report and opposes the prayer for anticipatory bail. However, he submits that as per the report, there is no criminal antecedent or call detail records or money trail to implicate the present petitioner.

In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

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, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date. The petitioner shall regularly attend the jurisdictional Court and shall not threaten or intimidate the witnesses.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)