Dilip Barman v. The State Of West Bengal

09.01.2026 Serial no. 28 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 13 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Falakata Police Station Case No. 463 of 2025 dated 16.09.2025, an order dated 01.12.2025 under NDPS Act vide CMC No. 23 of 2025, u/s 20(b)(ii)(c) of the NDPS Act, 1985.

-AndIn the matter of : Dilip Barman ... Petitioner(s) Mr. Sourav Ganguly Mr. Gopal Roy Ms. Rishita Chakraborty Mr. Bibhash Kr. Nandi ... for the petitioner(s) Mr. Nilay Chakraborty, APP Mr. S. S. Sikdar ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been falsely implicated in connection with the instant case on the basis of statement of the co-accused. Learned advocate also submits that there are no recoveries so far as the present petitioner is concerned and/or subsequent to the seizure which was effected on 16.09.2025.

Learned advocate for the State opposes the prayer for bail and submits that there are call data records.

I find that during the check period from 1st July, 2025 to 17th September, 2025, there were three calls in between the arrested accused and the present petitioner as has been claimed by the prosecution.

Having considered the fact that there has been no recovery and, presently, the aforesaid two materials are available with the investigating agency, I am of the view that custodial detention of the petitioner may not be warranted in the facts and circumstances of the present case.

Hence, the prayer for anticipatory bail of the petitioner is Allowed.

Accordingly, I direct that in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner shall meet with the investigating officer of the case on and from 12th January, 2026 once in a week till charge-sheet is submitted before the learned Special Court.

Accordingly, CRM(A) 13 of 2026 is disposed of. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)