Kharijul Molla @ Kharejul v. State Of West Bengal

24.11.2020 rrc CRM 8529 of 2020 (Via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kumarganj P.S. Case No. 160 of 2019 dated 16.08.2019 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act.

In the matter of : Kharijul Molla @ Kharejul ..... petitioner Mr. Kaushik Choudhury ....For the petitioner Md. Anowar Hossain Ms. Ratna Ghosh .....For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that though no contraband was recovered from this petitioner, merely because a person arrested with contraband in his possession has named this petitioner, the investigating agency is pursuing the petitioner. The State produces the case records. There is no material against the petitioner other than the uncorroborated statements of a person arrested with contraband in his possession. It also appears that two similarly placed co-accused have been granted anticipatory bail by this Court. The petitioner is also entitled to anticipatory bail.

In the event of arrest, the petitioner will be enlarged on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand),

with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also comply with the conditions laid down in Section 438(2) of the Code and not attempt to make any contact with the victim till the conclusion of the trial.

CRM 8529 of 2020 is disposed of.

(Aniruddha Roy, J.) (Sanjib Banerjee, J.)