Calcutta High CourtCRM/6963/2020allowed

Abir Molla Alias Abir v. State Of West Bengal

2020-10-01Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Subhasis Dasgupta2 pages

IN THE HIGH COURT AT CALCUTTA

01-10-2020 Item no.32 BM/CP Bail Allowed Criminal Miscellaneous Jurisdiction C.R.M. No. 6963 of 2020 Abir Molla @ Abir -vsThe State of West Bengal With CRAN 1 of 2020 (Via Video conference) In Re: An application for anticipatory bail under Section 438 CrPC apprehending arrest in connection with Berhampore P. S. Case No.208 of 2020 dated 29-02-2020 under Sections 20(b (ii) (c)/29 of the NDPS Act.

Mr. Somnath Adhikary ...for the petitioner Mr. Saibal Bapuli Ms. Arani Bhattacharyya ... for the State. It is submitted by the learned advocate for the petitioner that the charge-sheet has already been submitted. Therefore, the custodial interrogation of the petitioner is not required. Furthermore, no recovery was made from the possession of the petitioner.

Mr. Bapuli, learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that they are kingpins and the contraband articles were kept in the house of the accused persons who have been arrested. He discloses the role of the petitioners in the alleged offence. Therefore, the court should not grant anticipatory bail to the petitioner. After perusing the materials contained in the case diary and the considering the fact that no recovery was made from the possession of the petitioner, we are of the opinion that the custodial detention of the petitioners is not required. Accordingly, the prayer for anticipatory bail of the present petitioner is allowed.

As such, in the event of arrest, the petitioner shall be released on bail, upon furnishing bond of Rs.10,000/-(Rupees ten

thousand only) with two sureties of like amount each, to the satisfaction of the arresting officer and on condition that they shall not tamper with the evidence of the case or intimidate the witnesses.

The aforesaid order of anticipatory bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

CRM 6963 of 2020 and CRAN 1 of 2020 are disposed of. [Samapti Chatterjee, J) [Subhasis Dassgupta, J]