Calcutta High CourtCRM/5620/2021allowed

Alok Das v. State Of West Bengal

2021-09-16Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

16.09.2021 Item no.19 Aloke Through Video Conference Ct. No.29 C.R.M. 5620 of 2021 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.08.2021 in connection with Karandighi P.S. Case No. 396 of 2020 dated 07.08.2020 under Sections 20(c) of the NDPS Act.

And In the matter of : Alok Das ... Petitioner Mr. Utsav Dutta, Advocate ... for the Petitioner Mr. Arijit Ganguly, Advocate Mr. Avik Ghata, Advocate ... for the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. Nothing was recovered from the possession of the petitioner. He submits that charge-sheet was submitted by the police. The petitioner is not connected with the vehicle seized in the locale. Learned Advocate appearing for the State opposes the prayer for grant of anticipatory bail. He draws the attention of the case diary.

Considering the facts and circumstances of the case and considering the fact that nothing was recovered from the possession of the petitioner and that there is no material to connect the petitioner with the locale where the recovery was made and the vehicle seized 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 anticipatory 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 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition that petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. Petitioner shall also appear before the jurisdictional court on every date fixed for hearing until further order. The prayer for anticipatory bail is, thus, allowed. C.R.M. 5620 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)