KALIACHAWK P.S. CASE No. 1665 of 2025 · Calcutta High Court

Mr. Sekhar Kumar Basu, Sr. Adv. Mr. Narattam Acharyya Mr. Sunayan Ghosh Ms. Swastika Chowdhury …for the petitioner. Mr. Krishnendu Bhattacharya Mr. Koustav Lal Mukherjee …..Amicus. Report filed on behalf of the State is taken on record. Learned senior counsel appearing on behalf of the petitioner submits that other that the statement of a co-accused, which is not admissible in evidence, there is no incriminating material available against the present petitioner. He has been falsely implicated in this case. Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. However, he submits that, as per the report, there is no criminal antecedent or phone call record or money trail to implicate the present petitioner. Charge sheet has been submitted. In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering 2 the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)