Rabindra Kumar Singh v. State Of West Bengal

14.11.2022 Serial no.4 Aloke CRM (A) 4726 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Goalpokher Police Station Case No. 225 of 2022 dated 24.06.2022 under Sections 21(c)/29 of the NDPS Act, 1985.

-AndIn the matter of : Rabindra Kumar Singh @ Rabinder Singh ... ... Petitioner Mr. Phiroze Edulji, Advocate Mr. Saryati Datta, Advocate ... ... For the Petitioner Mr. Suman De, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Report called for by the order dated October 31, 2022 filed in Court be taken on record.

State is unable to demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or the seized commercial quantity of narcotics, at this stage.

The police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDP Act, 1985.

Consequently, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 and on condition that the petitioner shall meet the Investigating Officer once in a week till the conclusion of the investigation and on further

condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4726 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)