Abdul Sk @ Ebadul Sekh v. State Of West Bengal

16.10.2025 Serial no. 14 (Anticipatory bail) Srimanta (Allowed) CRM (A) 3474 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhagwangola Police Station Case No. 181 of 2014 dated 19.04.2014 under Sections 188/379/411/413/414 of Indian Penal Code, 1860 read with Sections 27(a)(b)(ii) of the Drugs and Cosmetics Act pending before the Learned Judge, Special Court under NDPS Act at Berhampore, Murshidabad -AndIn the matter of : ABDUL Sk @ Ebadul Sekh ... ... Petitioner Mr. Tapodip Gupta, Advocate ... ... For the Petitioner Mr. Md. Adil Badr, Mr. Nirupam Dhali, Advocates ... ...For the State

1. Having heard the learned counsel for the petitioner and also taking into consideration the objection of the learned State counsel, I find that the petitioner has been entangled in this case only on the basis of co-accused's statement.

2. However, the learned counsel for the State has submitted that when proclamation has been issued the prayer for anticipatory bail is not maintainable.

3. The learned counsel for the petitioner has submitted that he will surrender before the learned Court and take appropriate steps.

4. In view of the above, I am inclined to grant anticipatory bail to the petitioner.

5. Accordingly, I direct that in the event of arrest the petitioner, namely, ABDUL SK @ EBADUL SEKH 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 shall abide by the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

7. The application for anticipatory bail of the petitioner stands allowed.

8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)