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Calcutta High CourtCRM (A)/3169/2025allowed

Achinta Mandal v. State Of West Bengal

2025-10-09Hon'Ble Justice Biswaroop Chowdhury3 pages

09.10.2025 Vacation Bench (D/L 379) Ct. No.7 (Allowed) C.R.M.(A) 3169 of 2025 (S.M) (B.K.N.) In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jiaganj Police Station Case No. 483 of 2024 dated 11.12.2024 under Sections 20(b)(ii)(c) NDPS Act being Charge Sheet No. 186 of 2025 dated 09.06.2025 under Sections 20(b)(ii)(c)/25/29 NDPS Act, pending before the Learned Additional District and Sessions Judge, 2nd Court Judge, Special Court under NDPS Act, Bherhampore, Murshidabad arising out of NDPS Case No. 134 of 2024.

In the matter of : Achinta Mandal ... Petitioner Ms. Shabana Hasin ... for the petitioner Mr. Bibaswan Bhattacharya, Mr. Atanu Ghosh ... for the State

1. Learned advocate for the petitioner and the learned advocate for the opposite party State of West Bengal are present.

2. Heard learned advocate for the parties.

3. Learned advocate for the petitioner submits that the allegations made against the petitioner are not maintainable as on the basis of the statement of the coaccused person the petitioner is implicated.

4. Learned advocate for the petitioner further submits that another co-accused person who stands in the same

footing has been granted anticipatory bail, the prayer for anticipatory bail made by the petitioner be considered.

5. Upon hearing the learned advocates and considering the facts of the case and considering the material of the case diary this Court is of the view that as there is no recovery from the petitioner and the co-accused person namely Bablu Mandal who stands in the same footing with that of the petitioner is granted anticipatory bail the prayer for anticipatory bail made by the petitioner should be allowed.

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

7. Hence the petitioner be released on anticipatory bail. In the event of his arrest with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) of like amount each subject to the satisfaction of the arresting officer on condition that the petitioner shall meet the officer-in-charge of the concerned police station once in a week where the petitioner resides and shall not leave the jurisdiction of the Court without prior permission of the learned Trial Court and shall not do any act prejudicial to trial.

8. The application being CRM(A) 3169 of 2025 is disposed of.

9. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

11. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Biswaroop Chowdhury, J.)