Rana Das @ Rana Sarkar v. State Of West Bengal

15.09.2021 tkm/ct 29 C.R.M. 5772 of 2021 sl no. 44 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hili P.S Case no. 145 of 2020 dated 19.11.2020 under sections 21(c)/22(c)/23(c)/27A/20(b)(ii)(c) of the NDPS Act And Allowed In Re : Rana Das @ Rana Sarkar ...... petitioner Mr. K Choudhury Ms. B Khatoon ...... for the petitioner Mr. S Bardhan Ms. Baishakhi Chatterjee ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that no recovery was made from the petitioner. Petitioner was falsely implicated by a co-accused. Police submitted charge sheet. He draws attention of this Court to the order granting anticipatory bail to the co-accused on March 11, 2021 and submits that the petitioner stands on the same footing as that of the co-accused.

State is represented.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that there is criminal antecedents of the petitioner.

Considering the facts and circumstances of the case and considering the fact that no recovery was made from the possession of the petitioner and another co-accused stands on the same footing, was granted anticipatory bail on March 11, 2021, we are inclined to grant anticipatory bail to the petitioner also. 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 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. The application being CRM 5772 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)