Abubakkar Siddik Mondal v. The State Of West Bengal

02.02.2024 Serial no. ML 746 Anticipatory bail [Allowed] Dd CRM (A) 5469 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 96 of 2023 dated 01.05.2023 under Sections 353/486/188/189 of the Indian Penal Code, 1860 and 20/21/23/29 of NDPS Act and Section 14(A) of Foreigners Act.

-AndIn the matter of : Abubakkar Siddik Mondal ... ... Petitioner Mr. Sumanta Das, Mr. Aritra Kr. Thokdar, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Sonali Bhar, Advocates ... ...For the State Police filed charge sheet.

Nothing was recovered from the possession of the petitioner.

Claim made by local people that the petitioner is engaged in narcotic trade may be decided at the trial. In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5469 of 2023 is disposed of.

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