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Calcutta High CourtCRM/8643/2020allowed

Najera Bibi v. State Of West Bengal

2020-11-25Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Tirthankar Ghosh2 pages

25.11.2020 Item No. 35 k.b./b.r.

allowed Crt.11 C.R.M. 8643 of 2020 (via video conference) In Re:- An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Special Case No. 109 of 2016 arising out of the S.I.s S.L. No. 133/15-16 dated 17.02.2016 under Section 18(c) of NDPS Act, 1985.

And In Re : Najera Bibi ...... petitioner Mrs. Sonali Das .....for the petitioner.

Mr. Sudip Ghosh Mr. Apurba Kumar Dutta ....for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Mrs. Das, learned Advocate appears for the petitioner. The petitioner prays for anticipatory bail in connection with Special Case No. 109 of 2016 under Section 18(c) of the NDPS Act, 1985 pending before the learned Special Judge, NDPS 2nd Court at Malda.

It is submitted that the petitioner has been charged along with several other persons with Poppy cultivation. Mr. Ghosh, learned Counsel appears for the State.

Heard.

Perused the materials on record.

This Court is of the view that the petitioner deserves the privilege of anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner will be released on bail upon furnishing a bond of Rs.10,000/- (Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. However, it is made clear that this order of anticipatory bail shall remain valid for a period of four weeks from this date.

The application for anticipatory bail is, thus, allowed. CRM 8643 of 2020 stands thus disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Subrata Talukdar, J.)