Fulchand Sekh v. State Of West Bengal

21/01/2026 D/L - 14 Court No.28 S. Kundu Allowed C.R.M.(A) 4052 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Mangalkote P.S case no. 305 of 2025 dated 4/11/2025 under sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of: Fulchand Sekh

...Petitioner.

Mr. S.D. Mahapatra Mr. Palash Bapari ...for the petitioner.

Mr. Subhamay Bhattacharyya Ms. Madhumita Basak ...for the State.

1. Report filed by the State is taken on record.

2. Learned counsel appearing for the petitioner submits that the only material available against the petitioner is the statement of a co-accused, which is not admissible in evidence.

3. Learned counsel appearing on behalf of the State submits that there was no money trail, record of telephonic conversations or criminal antecedent to implicate the present petitioner. The only material available against the petitioner is the statement of a co-accused.

4. In view of the above, the petitioner has been able to rebut the restrictions 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.

5. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O once a week till submission of report in final form. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date.

6. Accordingly, the application for anticipatory bail is allowed.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)