Calcutta High CourtCRM(A)/847/2024allowed

Bishal Darjee@Darji v. The State Of West Bengal

2024-11-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Biswaroop Chowdhury2 pages

13-11-2024 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 847 of 2024 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Kalchini Police Station Case No. 79 of 2024 dated 20.06.2024 under Sections 21(c)/29 of the NDPS Act.

- A n d - In the matter of : Bishal Darjee @ Darji .... Petitioner.

Mr. Hillol Saha Poddar, Mr. Mousumi Das, ... For the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. A. Biswas, ... For the State.

Order dictated by Arijit Banerjee, J.:

The petitioner says that there was no recovery of contraband item from him. He has been implicated on the basis of a statement made by a co-accused person. He prays for anticipatory bail. He is ready to fully cooperate with the Investigating Officer.

Learned State Advocate while opposing the prayer admits that there was no recovery from this petitioner and that his implication is on the basis of a statement made by a co-accused person. He further says that investigation is in progress. 3.

Considering the facts aforestated, we are of the view that immediate custodial interrogation of the petitioner may not be necessary so long as he cooperates with the Investigating Officer. 4.

Accordingly, in the event of arrest, the petitioner, namely, Bishal Darjee @ Darji, 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 until further orders and on further condition that the petitioner shall report to the Investigating Officer of the concerned Police Station once in a fortnight until further orders. The petitioner shall not leave the jurisdictional trial court.

5. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

CRM (A) 847 of 2024 is, thus, disposed of.

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