Calcutta High CourtCRM (A)/1708/2024allowed

Anowar Hossain @ Jehedi And ANR v. The State Of West Bengal

2024-05-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

21.05.2024 Item No.14 Ct. No. 3 CHC Allowed C.R.M.(A) 1708 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 451 of 2023 dated 17.10.2023 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the Learned Additional District & Sessions Judge, 2nd Court cum Judge Special Court under the N.D.P.S. Act at Berhampore, Murshidabad. And In the matter of : Anowar Hossain @ Jehedi & anr. ...... petitioners Mr. Arnab Chatterjee, Ms. Poulami Bose ....for the petitioners Ms. Baisali Basu, Ms. Puja Goswami ....for the State Petitioners pray for anticipatory bail.

Police filed charge-sheet.

Police are proceeding against the petitioners on the basis of the statement of the co-accused made while in custody. In such circumstances, we are of the view that, petitioners are able to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

Consequently, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 21 st of May 2024 03:16:50 PM

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 condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 1708 of 2024 is disposed of.

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