Yanur Mondal v. State Of West Bengal

15.11.2021 Sl. No.44 akd [ALLOWED] C. R. M. 6991 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 07.10.2021 in connection with Bongaon Police Station Case No. 224 of 2021 dated 06.04.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.1494 of 2021) And In Re: Yanur Mondal ... ... Petitioner Sk. Toslim Ali ... ... for the petitioner Md. Anwar Hossain Mr. Mirza Firoj Ahmed Begg ... ... for the State It is submitted on behalf of the petitioner that no narcotic substance was recovered from his possession and he has been falsely implicated in the instant case.

Learned advocate appearing for the opposes the prayer for anticipatory bail and submits that 198 bottles of phensedyl syrup was recovered from the possession of one co-accused namely, Bakibilla Mondal.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Hence, we are inclined in granting anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Yanur Mondal, be released on 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 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 petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)