Subhash Chandra Sarkar @ Subhas Sarkar Vs State of West Bengal and Anr.

12.04.2021 SL No.277 Court No.28 (gc) (Allowed)

CRM 754 of 2021 (Via video Conference)

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Special Case No.56 of 2016 dated 01/02/2016, arising out of S.I.s S.L. No.48/15-16 dated 29/1/2016 under Sections 18(c) of the N.D.P.S. Act.

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And

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In the matter of : Subhash Chandra Sarkar @ Subhas Sarkar

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Petitioner

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Ms. Minoti Gomes,

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Mr. Kali Das Saha,

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… For the Petitioner.

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Mr. S. Datta,

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… For the State.

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It has been submitted that the petitioner is similarly placed with another accused persons who have been extended the privilege of anticipatory bail.

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Learned Counsel for the State, however, opposes the prayer for anticipatory bail.

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Having considered the materials in the case diary and bearing in mind the nature of allegations and as the co-accused similarly circumstanced with the petitioner have been granted prearrest bail, we are inclined to grant anticipatory bail to the petitioner also.

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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 condition as laid down under Section 438(2) of the

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2

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Code of Criminal Procedure, 1973 and shall appear before the court below and pray for regular bail within four weeks from date.

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With the aforesaid observation, the application for anticipatory

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bail, being CRM No.754 of 2021 is, thus, disposed of.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Tirthankar Ghosh, J.) (Soumen Sen, J.)

Subhash Chandra Sarkar @ Subhas Sarkar v. State of West Bengal and Anr.

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Subhash Chandra Sarkar @ Subhas Sarkar v. State of West Bengal and Anr.

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