Calcutta High CourtCRM (A)/3279/2023allowed

Alam Sk@Alam Sekh@Alom Sk And ANR v. State Of West Bengal

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3279 of 2023 25.08.2023 ML. 460 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raninagar P.S. Case No. 576 of 2022 dated 24.12.2022 under Sections 21(c)/29 of the NDPS Act pending before the learned Judge, Special Court (NDPS Act), Berhampore, Murshidabad. And In the matter of: Alam Sk @ Alam Sekh @ Alom Sk. & Anr. ....petitioners.

Mr. Tapodip Gupta ...for the petitioners.

Mr. Ranadeb Sengupta ...for the State.

1. Heard learned Counsel for both the parties.

2. The basis of implication of the present petitioners is stated to be the statement of the co-accused persons from whom seizure has been made.

3. It is fairly submitted at the Bar that co-accused persons similarly circumstanced haven been enlarged on anticipatory bail vide order dated 23.02.2023 passed in CRM (A) 598 of 2023 and order dated 28.02.2023 passed in CRM (A) 295 of 2023 by the coordinate Benches.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation, ground of parity and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Judge, Special Court (NDPS Act), Berhampore, Murshidabad within 15 days from today in the G.R. case arising out of aforesaid P.S. case including the condition that:

i) The petitioners shall appear before the learned Trial Court on each date of substantive hearing subject to the provision of Section 317 Cr.P.C.

5. On their appearance and application for bail each of the

petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. The learned Judge, Special Court (NDPS Act) is directed to act upon the server copy of this order, if required.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 3279 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)