Calcutta High CourtCRM (A)/2382/2025allowed

Sanjoy Biswas v. The State Of West Bengal

2025-08-01Hon'Ble Justice Jay Sengupta2 pages

01.08.2025 Court No.28 Item No.36 tbsr allowed CRM (A) 2382 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with New Barrackpore PS Case No.77 of 2025 dated 19.03.2025 under Sections 20/29 of the NDPS Act.

And In the matter of: Sanjoy Biswas ....Applicant/Petitioner.

Mr. Debasis Kar Ms. Suhana Parvin ...for the petitioner Mr. Bitasok Banerjee Ms. Trisha Rakshit ..for the State Heard the learned counsels for the parties.

Perused the case diary.

Learned counsel appearing on behalf of the petitioner submits that the contraband seized from another co-accused was below commercial quantity. The only material available against the present petitioner is the statement of a co-accused, which is not inadmissible in evidence. Similarly circumstanced co-accused was granted anticipatory bail by this Court on 03.07.2025 in CRM (A) 1896 of 2025.

Learned counsel appearing on behalf of the State opposes the prayer for bail. However, she submits that other than the statement of a co-accused, there is no other incriminating materials available in the case diary, so far as the petitioner is concerned. In view of the fact that the only material available against the petitioner is the statement of a co-accused, the petitioner has been

able to rebut the restriction contained in Section 37 of the NDPS Act. Considering this and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner. 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, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate witnesses and shall attend the jurisdictional Court on dates fixed. The petitioner shall surrender before the learned trial Court and pray for bail within four weeks from this date.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)