Jalil Sekh @ Jalil Miah And ANR v. The State Of West Bengal

09.07.2025 Item No.20 Ct.No.02 rc.

Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 475 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 158 of 2025 dated 22.03.2025.

And In Re :

(1) Jalil Sekh @ Jalil Miah

(2) Azizul Sekh @ Ajijul Hoque ... Petitioners Dr. Arjun Chowdhury Mr. Sunayana Parveen Ms. Riya Agarwal ... for the Petitioners Mr. Aditi Shankar Chakraborty Mr. Sourav Ganguly ... for the State Heard learned counsels for the parties.

The petitioners' names have transpired from the statement of the co-accused. No recovery has been made from them. Though some call detail records have been shown by the State, the said records do not connect the petitioners to the alleged offence.

In view of the above, this Court is inclined to hold that the petitioners are able to rebut the statutory restriction

under Section 37 of the NDPS Act and are entitled to anticipatory bail.

Accordingly, in the event of arrest, the petitioners (1) Jalil Sekh @ Jalil Miah and (2) Azizul Sekh @ Ajijul Hoque be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application for anticipatory bail is, thus, disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)