Md. Rasid Ali v. The State Of West Bengal

12.06.2025 Serial no. 36 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 363 of 2025 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Mathabhanga P.S. Case No. 163 of 2024 dated 27.03.2024 under Sections 21(c)/29 of the NDPS Act, 1985 corresponding to NDPS Case No. 23 of 2024.

-AndIn the matter of : Md. Rasid Ali ... Petitioner(s) Mr. Sujit Kumar Sarkar Ms. Srishti Sarkar ... for the petitioner(s) Mr. Kallol Acharjee Mr. Sourav Ganguly ... for the State Learned advocate for the petitioner submits that the subject-matter of the instant case relates to recovery of 150 bottles of Phensedyl Cough Syrup from the co-accused who was arrested and from the statement of such co-accused, the petitioner has been implicated in connection with the instant case, as such, he may be released on bail. Learned advocate for the State, on the other hand, produced the Case Diary and submits that there is connection of the petitioner with the alleged offence as from the CDR report it reflects that there were continuous contact

of the present petitioner with the co-accused at the relevant point of time.

I have perused the case diary and I find that although raids were conducted, nothing incriminating materials have been recovered from the house of the present petitioner relating to subject-matter of the case. Considering the same, I am of the view that the custodial detention of the present petitioner may not be warranted in the facts and circumstances of the present case.

Accordingly, 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 a bond of Rs.20,000/- (Rupees Twenty thousand only), with two sureties of like amount each, 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.

This order of anticipatory bail will remain in force for a period of six weeks.

Accordingly, CRM(A) 363 of 2025 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.)