Emarul @ Md. Emarul Islam And ANR. v. State Of West Bengal

11.11.2025 Court No.28 Item No.25 ssi CRM (A) 3082 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Lalgola PS Case No.589 of 2025 dated 04.07.2025 under Sections 20 (b) (ii) (C) of the NDPS Act.

And In the matter of: Emarul @ Md. Emarul Islam & another. ....Applicants/Petitioners.

Mr. Debapriya Samanta Mrs. Riya Saha Mr. S. Palit Mr. Akash Kr. Chakraborty ...for the petitioners Mr. Saryati Dutta Mr. Dattatreya Dutta ..for the State Report filed on behalf of the State is taken on record. Heard the learned counsels for the parties.

Perused the case diary.

Considering the fact that the only material available against the present petitioners is the statement of a co-accused which is not inadmissible in evidence, the petitioners have been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the case diary and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 petitioners shall not threaten or intimidate witnesses or tamper with evidence and shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)