Firdouch Rahaman@Ferdus Rahaman v. The State Of West Bengal

04.04.2025 Item no. 05.

Court No.1.

S.De (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 163 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tufanganj Police Station Case No.954 of 2024 Dated 22.12.2024 under Sections 21(b) 22(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 221, 132, 121(1), 118(2) and 109(1) of the B.N.S., 2023. And In the matter of : Firdouch Rahaman @ Ferdus Rahaman. ......Petitioner.

Mrs. Suman Sehanabis (Mondal), Mr. Partha Pratim Saha, Mr. Salok Sah, ......for the Petitioner.

Mr. Saikat Chatterjee, Mr. Chattu Roy, ......for the State.

1.

The petitioner claims parity citing an order dated April 2, 2025, passed by this Court in CRM(A) 151 of 2025, whereby a co-accused person by the name of Rejaul Haque was granted anticipatory bail. The petitioner says that he stands on the same footing as Rejaul Haque. There was no recovery from him.

2.

Learned State advocate, while opposing the prayer, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as the said Rejaul Haque. 3.

Hence, on the ground of parity, I allow the prayer for anticipatory bail of the petitioner.

4.

Accordingly, in the event of arrest, the petitioner, namely, Firdouch Rahaman @ Ferdus Rahaman shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) B.N.S.S., 2023, until further orders and on further condition that the petitioner, while on bail, shall not leave the territorial jurisdiction of Tufanganj (Coochbehar) Police Station until further orders and shall meet the Investigating Officer once in a week till completion of investigation or until further orders.

5.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 6.

The application for anticipatory bail, being CRM (A) 163 of 2025, stands disposed of,.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.)