Sushila Gurung v. The State Of West Bengal
25.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 02 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION RUP Allowed C.R.M.(A) 470 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Jaigaon Police Station Case No.115 of 2024 dated 30.05.2024 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And In the matter of : Sushila Gurung.
...... petitioner Mr. Shubhankar Dutta, Ms. Somdutta Patra.
....for the petitioner Mr. Abhijit Sarkar.
Mr. Bhaskar Das.
....for the State
1. Both the learned counsel appearing on behalf of the petitioner as well State are present.
2. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of the petitioner and he has been falsely implicated on the basis of statement of the co-accused.
3. In opposition to that learned counsel appearing on behalf of the State has submitted that there are other criminal antecedents of the petitioner and in support of his contention he files a report wherefrom it is seen that there are other two cases under the Durgs and Cosmetics Act which are pending and the petitioner is enlarged on bail in those cases. The report be kept with the record.
4. Such report of antecedents does not necessarily mean the accused is involved in this case as well only on the strength of the statement of co-accused.
5. Considering the facts and circumstances, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is being enlarged on bail upon furnishing bond of Rs.10,000/- each (Rupees Ten Thousand Only) with one surety to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
7. As a sequel, the application being C.R.M. (A) 470 of 2025 stands disposed of.
8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Bibhas Ranjan De. J.)