Manas Mondal v. State Of West Bengal

17.05.2023 Serial no. 26 [Dd] (Anticipatory bail) (Allowed) CRM (A) 2034 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.

of dated 25.08.2022 under Sections 21(C)/29 of the N.D.P.S Act read with Section 14(A)(C) of Foreigner Act. Charge sheet submitted under Sections 21(C)/29 of N.D.P.S. Act, and read with Sections 14(A)/14(C) of the Foreigners Act, registered as NDPS Case NO. 151 of 2022.

-AndIn the matter of : Manas Mandal ... ... Petitioner Mr. Kallol Mondal, Mr. Musharraf Alam Sk., Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Mr. C.R. Ghosh, Advocates ... ...For the State Police filed charge sheet.

Apparently, police are proceeding against the petitioner on the basis of the statements of the co-accused made while in custody.

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 are inclined to 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 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 further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 2034 of 2023 is disposed of.

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