Md Asikul Islam @ Kalu v. State Of West Bengal

04.12.2025 Court No.28 Item No.62 ssi CRM (A) 3890 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Farakka PS Case No.444 of 2023 dated 26.11.2023 under Sections 21 ( C) and 29 of the NDPS Act.

And In the matter of: Md. Asikul Islam @ Kalu ....Applicant/Petitioner.

Mr. Arnab Chatterjee ...for the petitioner Mr. Avishek Sinha Mr. Sandip Kundu ..for the State Heard the learned counsel for the petitioner. Learned counsel for the State submits that this application has been filed by the absconding accused after the co-accused from whom the contraband was seized were acquitted in the trial. As against the present petitioner, there is no other material apart from the statement of a co-accused.

As there is no other material available in the case diary, except for the statement of the co-accused, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering 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 surrender before the learned Jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)