Prosenjit Mandal @ Presonjit Mondal v. The State Of West Bengal

13.06.2022 tkm/ct 28 C.R.M. (A) 2649 of 2022 sl no. 172 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ranitala P.S case no. 466 of 2021 dated 22.12.2021 under sections 21(c)/29 of the NDPS Act And Allowed In Re : Prosenjit Mandal @ Presonjit Mondal ...... petitioner Mr. A Rahman ...... for the petitioner Mr. S Bapuli Mr. B Bhatacharya ...... for the State Having considered the materials on record and bearing in mind the nature of allegations and as no narcotic substance was recovered from his possession and his complicity of the petitioner had transpired from the statement of co-accused before police officer which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act and he may be granted anticipatory bail.

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 be 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 prays for regular bail within four weeks from date.

The application being CRM (A) 2649 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)