Motibur Rahaman @ Moti Sk @ Matibur Rahaman v. State Of West Bengal

03.10.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL175 Vacation Bench Court No. 07 PRADIP, AR(Ct.) ALLOWED CRM (A) 3460 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station case no.244 of 2025 dated 22.03.2025 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-ANDIn Re : Motibur Rahaman @ Moti Sk @ Matibur Rahaman ......Petitioner For the Petitioner :

Mr. Tapodip Gupta .....Advocate For the State :

Ms. Baisali Basu Mr. Atanu Ghosh .....Advocates

1. Heard learned advocates for the petitioner and for the State at length.

2. Perused the entire materials as placed before this Court including the materials as available in the case diary.

3. On careful perusal of the materials as placed before this Court, it reveals that investigation has already been completed. It further reveals that the basis of implication of the present accused/petitioner is the statement of the co-accused.

4. In view of such, this Court is inclined to take a lenient approach.

5. Accordingly, in the event of arrest, the petitioner, namely, Motibur Rahaman @ Moti Sk @ Matibur Rahaman shall be released on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, to the satisfaction of learned Judge, Special Court, (NDPS) at Berhampore, Murshidabad with the condition to the present accused/petitioner shall comply with the conditions as enumerated under Section 482(2) of the Code of Criminal Procedure.

6. It is further ordered that the present accused/petitioner shall appear before the learned Trial Court on or before 7th November, 2025 failing which the learned Trial Court will be at liberty to issue non-bailable warrant of arrest against the accused/petitioner.

7. The application for anticipatory bail being CRM (A) 3460 of 2025 is, thus, allowed.

8. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

( Partha Sarathi Sen, J. )