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Calcutta High CourtCRM (A)/3425/2023allowed

Mohibur Alam @ Mabud @ Mahibub Alam v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3425 of 2023 29.08.2023 SL. 48 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 594 of 2022 dated 27.12.2022 under Sections 21(C)/22(C)/23(C)/27A/28/29 of the NDPS Act. And In the matter of: Mohibur Alam @ Mabud @ Mahibub Alam ....petitioner.

Mr. Gourhari Das ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ... for the State.

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that charge-sheet has been filed and the basis of implication of the present petitioner is the statement of the co-accused.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that petitioner shall surrender before the learned Additional Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat (Special Court under NDPS Act) in Special Case arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

5. The application being CRM (A) 3425 of 2023 is disposed of.

6. Learned Additional District and Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat (Special Court under NDPS Act) is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)