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Calcutta High CourtCRM (A)/5074/2023allowed

Ratan Sk @ Ratan Mondal And ANR. v. State Of West Bengal

2023-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

29.11.2023 as [ALLOWED] C. R. M. (A) 5074 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NDPS Case No.100 of 2023 arising out of Domkal Police Station Case No. 695 of 2023 dated 10.10.2023 under Sections 20(b)/29 of the NDPS Act..

In Re: Ratan Sk @ Ratan Mondal & Anr.

... ... Petitioners Md. Golam Nure Imrohi.

... ... for the petitioners Mr. Saibal Bapuli, ld. A.P.P., Ms. Debjani Sahu.

... ... for the State 1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. No narcotics was recovered from the petitioners. Their complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence.

3.

Under such circumstances, we are of the opinion petitioners may be granted anticipatory bail subject to conditions.

4.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition petitioners while on bail shall meet the Investigating Officer once in a week

until further orders. They shall appear before the court below and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)