ABDUL AJAD @ ABDUL KALAM AZAD AND ORS. v. STATE OF WEST BENGAL
CRM (A)/918/2026 · 2026-07-29
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30833 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30833 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
29.07.2026
IN THE HIGH COURT AT CALCUTTA Item No.4
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 918 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kushmandi Police Station Case No. 157 of 2025 dated 28.07.2025 under Sections 21(c)/22(c)/23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. And
In Re : Abdul Ajad @ Abdul Kalam Azad and others
... Petitioners. Mr. Mazahar Hossain Chowdhury
... For the Petitioners. Dr. Pradip Banerjee, APP, Mr. Sankalpa Bhattacharjee
... For the State. Learned advocate appearing for the petitioners submits that the petitioners have been implicated in the present case on the basis of statement of co-accused. Petitioners have no criminal antecedents and as such, their custody would jeopardize the regular activities which they are carrying on. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail as the names of the present petitioners surfaced from the statement of co-accused and other independent witnesses. I have taken into account the report along with Memo of Evidence submitted by the State which do not specify any previous antecedents of the present petitioners. However, the police authorities have on the basis of statements named the petitioners in the charge-sheet. Having considered that
2 charge-sheet has been submitted and there has been no possibility of further recovery in the present case and the materials appearing in oral evidences, I am of the view that custodial detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita,
2023. As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. Report along with Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. Dr. Pradip Banerjee, learned APP along with Mr.
Sankalpa Bhattacharjee, learned advocate was directed to appear on behalf of the State. Their appointment may be regularised by the concerned authorities. The application for anticipatory bail, being CRM (A) 918 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)