Calcutta High CourtCRM(A)/476/2025allowed

Md Sany Alam Ansari @ Sunny Alam Ansery @ Babu v. The State Of West Bengal

2025-07-24Hon'Ble Justice Bibhas Ranjan De3 pages

24.07.2025 IN THE HIGH COURT AT CALCUTTA Item No.6 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION KS C.R.M.(A) 476 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Siliguri Police Station Case No.129 of 2025 dated 28.02.2025 under Sections 21(c)/ 22(c)/ 29 of the Narcotic Drugs and Psychotropic Substance Act. And In the matter of: Md Sany Alam Ansari @ Sunny Alam Ansery @ Babu ......Petitioner Mr. Hillol Saha Podder ....For the Petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Abhijit Sarkar Dr. Arjun Chowdhury ....For the State

1. Learned counsel appearing on behalf of the petitioner has prayed for anticipatory bail and has submits that no contraband article has ever been recovered from the possession of the petitioner.

2. It is further submitted that the petitioner is falsely implicated in this case only on the basis of statement of the accused. He also submits that the other co-accused was also enlarged on anticipatory bail.

3. Learned counsel appearing on behalf of the State has opposed the prayer for anticipatory bail by submitting, inter alia, that there are other antecedents of the accused in respect of the same nature of offences.

4. However considering the given facts and circumstances, I feel that the petitioner is entitled to grant of anticipatory bail on the basis of Rule of Parity.

5. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.50,000/- (Rupees Fifty Thousand only) with two registered sureties of Rs.25,000/- each one of whom must be local to the satisfaction of the arresting officer and further on condition not to leave the jurisdiction of Siliguri Police Station and also be subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 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 any further reference to this Court.

6. This application for anticipatory bail is, thus, allowed.

7. As a sequel, the application being, C.R.M. (A) 476 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.)