Md Sariful Islam @ Kalu v. State Of West Bengal

22.12.2022 Serial no. 05 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5891 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with NDPS case no. 144 of 2021 arising out of Kaliachak Police Station Case No. 1429 of 2021 dated 24.12.2021 under Sections 21(C)/22(C)/27(A)/29 of the NDPS Act.

-AndIn the matter of : Md. Sariful Islam @ Kalu ... ...Petitioner Mr. Sudip Banerjee, Mr. Sanjoy Kumar Das, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, Ms. Sonali Das, Advocate ... ...For the State Petitioner claims parity with that of other co-accuseds enlarged on anticipatory bail.

So far as the petitioner is concerned, there are five criminal cases pending. The criminal cases relate from April 30, 2020 onwards.

It is submitted on behalf of the petitioner that the petitioner was not aware of such criminal cases. The criminal cases involve NDPS Act, 1985.

In such circumstances, we are of the view that the petitioner is not on the same footing as that of the other coaccuseds. In any event, petitioner is unable to rebut the presumptions under Section 37 of the NDPS Act, 1985. Consequently, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 5891 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)