Basudeb Mandal And ANR. v. State Of West Bengal

15.09.2021 tkm/ct 29 C.R.M. 5776 of 2021 sl no. 46 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ranitala P.S Case no. 303 of 2021 dated 16.8.2021 under section 21(c) of the NDPS Act And Allowed In Re : Basudeb Mandal & Anr.

...... petitioners Mr. S Das Mahapatra ...... for the petitioners Mr. S S Imam Mr. S Kundu ...... for the State Petitioners seek anticipatory bail.

It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case. No substance was recovered from the petitioners. Since the petitioners subscribe to a political ideology, names of the petitioners were dragged into the proceeding.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that investigation is at the nascent stage.

Considering the materials in the case diary and considering the fact that no contraband was recovered from the possession of the petitioners, we are inclined to 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/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the

petitioners while on bail, shall meet the investigating officer once in a week until further orders. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

The application being CRM 5776 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)