Allowed

Kanchan Mandal v. State of West Bengal and Another

Calcutta HC3 Aug 2021CRM/1333/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC in connection with an NDPS case, the Court allowed the prayer granted on grounds of parity with a co-accused. The petitioner was directed to be released on bail upon furnishing a bond and complying with Section 438(2) conditions upon arrest. The matter was disposed of.

What did the court decide?

Application for anticipatory bail allowed; petitioner directed to be released on bail upon furnishing bond of Rs. 10,000/- with two sureties of like amount and complying with Section 438(2) CrPC condi

Kanchan Mandal Vs State of West Bengal and Another — Narcotics (NDPS) | Calcutta HC (2021)

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03.08.2021

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Court No.28 Item No.351 (ALLOWED)

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Ab/Saswata

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(Via Video Conference)

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CRM 1333 of 2021

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In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 29.01.2021 in connection with Special Case No. 52 of 2016 (Ref: S.I.’s S.L.no. 26/15-16 dated 21.01.2016) of Excise, Sadar RPU Malda, under Sections 18(c)/8(b) of the NDPS Act;

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And

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In the matter of : Kanchan Mandal

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…Petitioner

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Mr. Anirban Sarkar Mr. Mounick Ghosh

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…For the Petitioner

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Mr. Saryati Dutta

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… For the State

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The Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing.

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Apprehending arrest in connection with Special Case No. 52 of 2016 (Ref : S.I.’s S.L.no. 26/15-16 dated 21.01.2016) of Excise, Sadar RPU, Malda under Sections 18(c)/8(b) of the Narcotic Drugs and Psychotropic Substances Act, the petitioner has filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

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Learned Advocate for the petitioner prays for anticipatory bail on the ground of parity. It is submitted that the similarly circumstanced person, namely, Meghu Mandal, has been granted anticipatory bail by this Court amidst the pendency of the instant application.

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Learned Advocate for the State opposes the prayer for anticipatory bail and submits that the similarly circumstanced co-accused has

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been enlarged on anticipatory bail by this Court.

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Upon hearing the respective submissions and on perusal of the materials available from the record and the fact that one of the similarly circumstanced co-accused has been granted anticipatory bail, we do not find any justification in custodial interrogation of the petitioner.

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Hence the prayer for anticipatory bail of the petitioner is allowed. Accordingly, we direct that 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

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CRM 1333 of 2021 is, thus, disposed of .

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(Harish Tandon, J)

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(Bibek Chaudhuri,J.)

Kanchan Mandal v. State of West Bengal and Another

Case brief

What is this about?

What did the court decide?

Kanchan Mandal v. State of West Bengal and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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