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Calcutta High CourtCRM (A)/4157/2025rejected

Amal Sarkar @ Keru Mondal @ Amal Sakar v. State Of West Bengal

2026-01-05Hon'Ble Justice Jay Sengupta2 pages

05.01.2026 Sl. No.18 NB CRM (A) 4157 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No.37 of 2025 arising out of Hogolberia PS Case No.249/2025 dated 20.08.2025 under Sections 20(b)(ii)(B)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 14 of the Foreigners Act, 1946.

And In the matter of: Amal Sarkar @ Keru Mondal @ Amal Sarkar ... petitioner Mr. Soumyajit Das Mahapatra, Mr. Abdul Aziz Mondal.

...for the petitioner.

Ms. Faria Hossain, Mr. Sandip Kundu.

...for the State.

Report filed on behalf of the State is taken on record. 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 petitioner. In fact, the petitioner has been wrongly mentioned as Keru Mondal. He is merely one Amal Sarkar.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He refers to the statements of independent witnesses who had implicated the petitioner. In fact, as per the statement of an independent witness present at page 140 of the case diary, the petitioner, Amal Sarkar is the same person as Keru Mondal.

Considering the above and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail.

The application for anticipatory bail is, thus, rejected. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)