Asik Mondal @ Asidul Mondal And ANR. v. State Of West Bengal

11.11.2025 Court No.28 Item No.27 ssi CRM (A) 3144 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Domkal PS Case No.139 of 2025 dated 18.02.2025 under Sections 21 (c ) /29 of the NDPS Act.

And In the matter of: Asik Mondal @ Asidul Mondal & another. ....Applicants/Petitioners.

Mr. Arnab Chatterjee Mr. Anisur Rahaman ...for the petitioners Mr. Madhusudan Sur Md. Ejaz Akhter ..for the State Reports filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits that other than the statement of a co-accused, there is no other incriminating material available against the present petitioners. However, as regards the petitioner no.1, there was an earlier case started by the NCB in which the petitioner was granted anticipatory bail by this Court.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that as per the reports, there are no criminating antecedents so far as State cases are concerned or money trail or call records implicating the petitioners.

Considering the fact that the only materials against the present petitioners are the statement of a co-accused which are in admissible in evidence, the petitioners have been able to rebut the restrictions

contained in Section 37 of the NDPS Act and in view of the materials available against the present petitioners 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 surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)