Neherul Sheikh @ Neherul Haque And ANR. v. State Of West Bengal

AD 49 December 9, 2025 Ct. 28 SG CRM(A) 3932 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagarpara P.S. Case No.148 of 2025 dated 12.02.2025 under Sections 21(C)/29 of the NDPS Act.

And In the matter of:

Neherul Sheikh @ Neherul Haque and another ... petitioners Mr. Arnab Chatterjee Mr. Ankusha Ghosh ... for the petitioners Mr. Sandip Chakraborty Ms. Trisha Rakshit ... for the State Report filed by the State is taken on record. Learned counsel for the petitioners submits that other than the statement of a co-accused there is no other material available against the present petitioners. A number of similarly circumstanced co-accused were granted anticipatory bail by this Court earlier.

Learned counsel for the State submits that no call detail records or money trail or criminal antecedent implicates the petitioners. Other than the statement of the co-accused, there is no other incriminating material available against the petitioners.

In view of the above, the petitioners have been able to rebut the restrictions contained in Section 37 of the NDPS Act and considering the materials available in the case diary

and the fact that similarly circumstanced co-accused were granted anticipatory bail by this Court earlier and that charge-sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners (Neherul Sheikh @ Neherul Haque and Mainul Hassan @ Chand @ Mainul Hasan) shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each 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 the further conditions that the petitioners shall surrender before the jurisdictional court and pray for bail within four weeks from this date, shall attend the jurisdictional court regularly and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)