Rajjak Mandal And ORS v. State Of West Bengal

06.01.2022 tkm/ct 29 C.R.M. 7286 of 2021 sl no. 1 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jalangi P.S case no. 272 of 2021 dated 23.9.2021 under sections 22(c)/29 of the NDPS Act And Allowed In Re : Rajjak Mandal & Ors ...... petitioners Mr. Arnab Chatterjee ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. Saryati Datta ...... for the State It is submitted on behalf of the petitioners that petitioner no. 2 has been taken into custody.

Accordingly, his prayer for anticipatory bail is dismissed as infructuous.

Affidavit is placed on record.

We have perused the contents of the affidavit. No cogent materials including communication through mobile phone between the petitioners and the co-accuseds who were apprehended with narcotic substance has come out during investigation.

In view of the aforesaid circumstances, extent of complicity of the petitioner nos. 1 and 3 in the alleged crime, we are of the opinion custodial interrogation of the petitioner nos. 1 and 3 is not necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioner nos. 1 and 3 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 be subject to

the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner nos. 1 and 3 shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM 7286 of 2021 is disposed of. (Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)