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Calcutta High CourtCRM (A)/4004/2025rejected

Bulet Sk. v. State Of West Bengal

2025-12-22Hon'Ble Justice Jay Sengupta2 pages

22.12.2025 Court No.28 Item No.20 ssi CRM (A) 4004 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Bhagwangola Police Station Case No. 197 of 2025 dated 23.04.2025 under Sections 21 ( C )/22 (C )/29 of the NDPS Act. And In the matter of: Bulet Sk.

....Applicant/Petitioner Mr. Tapodip Gupta Mr. Suman Bhanja ...for the petitioner Mr. Koushik Kundu Mr. Karan Bapuli ..for the State Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there is no other incriminating material available against the present petitioner. A similarly circumstanced co-accused was granted anticipatory bail by this Court earlier.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that the petitioner does not stand on the same footing as the one who was granted anticipatory bail. As against the co-accused, the only material available were the statements of a co-accused. However, the present petitioner was present along with the principal accused at the time of the incident. When the police surrounded them, the present petitioner managed to flee away. Thereafter, the contraband was recovered from the arrested accused. If the petitioner is apprehended, he can be identified by the witnesses and the police personnel.

Considering the above and the other materials available in the case diary against the petitioner, the fact that the petitioner does not stand on the same footing as the one who was granted anticipatory bail and in view of the restriction contained in Section 37 of the NDPS Act, I do not consider this is to be a fit case for granting anticipatory bail.

Accordingly, the application for anticipatory bail of the petitioner is rejected.

(Jay Sengupta, J.)