Jotindar Mandal @ Jatindra Nath Mandal v. The State Of West Bengal
20.02.2024 COURT : 01 ITEM : 25 MATTER : 438 STATUS : ALLOWED BENCH-ID : 1370 TRANSCRIBER : NANDY CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI CRM (A) 72 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on December 15, 2023 in connection with Mekhliganj Police Station Case No. 45 of 2023 dated 15.02.2023 under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Case No. 12 of 2023) And In the matter of: Jotindar Mandal @ Jatindra Nath Mandal
...Petitioner
Ms. Madhushri Dutta, Advocate ......for the Petitioner Mr. Abhijit Sarkar, Advocate Mr. Chattu Roy, Advocate ...for the State
1. Apprehending arrest in connection with Mekhliganj Police Station Case No. 45 of 2023 dated 15.02.2023 under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, the petitioner has filed the instant application for anticipatory bail.
2. It appears that the co-accused who stand on the same pedestal that of the petitioner was given an immunity from arrest for a limited period of two weeks with the conditions they he would seek a regular bail from the concerned Court. Since the present petitioner stands on the same footing that of the other coaccused namely Gouranga Mondal, who has been extended the benefit of pre-arrest vide order dated 09.06.2023 in CRM (A) 296 of 2023, we do not find any justification in not extending the similar benefit to the petitioner.
3. The prayer for anticipatory bail thus allowed.
4. Therefore, on an undertaking that the petitioner would cooperate with the investigation and on further undertaking that he would surrender before the Trial Court within two
weeks from date and shall obtain regular bail, he may not be arrested for a period of two weeks. The petitioner shall also meet the I.O. twice a week.
5. The Trial Court shall consider the prayer for bail and shall consider the materials that may be available by the I.O..
6. The application for anticipatory bail being CRM (A) of 72 of 2024 is disposed of.
(Harish Tandon, J) (Supratim Bhattacharya, J)