Sahabuddin Mondal v. State Of West Bengal

16.06.2022 tkm/ct 28 C.R.M. (A) 2805 of 2022 sl no. 165 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jalangi P.S case no. 38 of 2022 dated 2.2.2022 under sections 21(c) of the NDPS Act read with section 25(1)(a) of the Arms Act And Allowed In Re : Sahabuddin Mondal ...... petitioner Mr. A Rakib ...... for the petitioner Mr. R Sengupta ...... for the State Having considered materials on record and bearing in mind the extent of complicity of the petitioner which has transpired from the statement of co-accused before police office which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut 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) 2805 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)