Chadai Sk @ Chand Ali Sk v. State Of West Bengal And ORS.
16.09.2021 Ct. No. 29 sdas Allowed C.R.M. 5976 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rejinagar Police Station Case No. 61 of 2020 dated 07.03.2020 under Sections 20(b)(ii)/B/29 of the N.D.P.S. Act. And In Re : Chadai Sk. @ Chand Ali Sk. ...... petitioner Ms. Shabana Hasin .....for the petitioner Mr. Saryati Datta ....for the State Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated in the instant case through a statement made by a co-accused. She also submits that nothing was recovered from the possession of the petitioner. Moreover, since the police submitted charge-sheet, custodial interrogation of the petitioner is not required. State is represented.
Considering the fact that the police submitted chargesheet and considering that nothing was recovered from the possession of the petitioner, 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/-, 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 conditions that the petitioner shall appear before the jurisdictional court on every date fixed for trial and pray for regular bail within a period of four weeks from date.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)