Washed Sk @ Sk Wased Ali And ANR v. State Of West Bengal
17.06.2026 Court No.28 Item No.33 tbsr Allowed CRM (A) 1483 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachawk P.S. Case No.411 of 2025 dated 14.03.2025 under Sections 21(c)/25/27A/29/30 of the NDPS Act, 1985. And In the matter of: Washed Sk. @ Sk. Wased Ali & Anr. ....Petitioners.
Mr. Santanu Talukdar Mr. Priyankar Ganguly Mr. Amandeep Gupta Ms. Pipasa Chakraborty ...for the petitioners.
Mr. Gouranga Kr. Das Mr. Soumya Raha ....for the State.
Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits that there is no other incriminating material available against the present petitioners. Charge sheet has been submitted. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He submits that although the contraband was recovered from an open litchi garden, the miscreants present there fled away in the dead of night. However, as per the report, there is no money trail or phone call record or criminal antecedent to implicate the present petitioner. In view of the above, the petitioners have been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the case diary and the fact that
charge sheet has been submitted, I am inclined to grant anticipatory bail to the present petitioners.
In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 condition that the petitioners shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses.
The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)