Javaidhur Islam@Jobaidul Islam And ANR v. State Of West Bengal

08.12.2022 Serial no.8 Court 29 AB CRM (A) 5565 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No.449 of 2022 dated 8.9.2022 under Sections 341/ 326/307/353/186/34 oif the Indian Penal Code read with Sections 21 (c)/23 ( c)/28/29 of the NDPS Act -AndIn the matter of : Javaidhur Islam @ Jobaidul Islam & Anr. ... ... Petitioners Mr. Kaushik Choudhury, Ms. Busra Khatun ... ... For the Petitioners Mr. Sanjay Bardhan, Ms. Manisha Sharma ... ...For the State Report as called for by the order dated November 30, 2022 filed in Court today be kept on record.

The police, at this stage, are unable to demonstrate any nexus between the petitioners and the person arrested with the commercial quantity of narcotic substance and/or the seized narcotic.

The police are proceeding against the petitioners on the basis of the statement of the co-accused made while in custody. In such circumstances, the petitioners are able to overcome the statutory restrictions under Section 37 of the NDPS Act, 1985. Consequently, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners will report before the Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 5565 of 2022 is disposed of.

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