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Calcutta High CourtCRM (A)/3333/2025allowed

Sanju Murmu v. State Of West Bengal

2025-11-12Hon'Ble Justice Jay Sengupta2 pages

12.11.2025 Court No.28 Item No.54 ssi CRM (A) 3333 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Balurghat PS Case No.484 of 2025 dated 18.07.2025 under Sections 21 (C )/22 (C )/23 (C )/27A/29 of the NDPS Act.

And In the matter of: Sanju Murmu ....Applicant/Petitioner Mr. Kaushik Choudhury ...for the petitioner Mr. Bibaswan Bhattacharya Ms. Sanjida Sultana ..for the State Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there is no other incriminating material available against the present petitioner. Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that although the co-accused stated that the petitioner had fled away from the place of occurrence, there is no other statement available in the case diary stating that the petitioner was present at the place of occurrence. There is no money trail or call record or criminal antecedent that would implicate the petitioner.

Considering the fact that the only material available against the petitioner is the statement of a co-accused, he has been able to rebut the restriction contained in Section 37 of the NDPS Act and in view of the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

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

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner shall not threaten or intimidate witnesses or tamper with evidence and shall co-operate with the investigation. The petitioner 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.)