JEM MIA @ JEM RAHAMAN AND ANR. v. STATE OF WEST BENGAL
CRM (A)/2030/2026 · 2026-08-21
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33580 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33580 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21.08.2026 Sl.No. 25 Ct. 39 Allowed chanchal In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
CRM (A) No. 2030 of 2026
In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ in connection with PTN No. 1949 of 2025 arising out of Kaliachak Police Station Case No. 2031/2025 dated 12.12.2025 under Section 21(c)/27A/29 of the NDPS Act. -And-
In the matter of : Jem Rahaman @ Jem Mia & Anr. … Petitioners Mr. P.K. Datta Mr. Santanu Deb Roy ….for the Petitioners Mr. Indradip Das Ms. Ushm Garodia ……..for the State
1. In view of the order dated 17.08.2026, the learned counsel appearing on behalf of the petitioners has not pressed the application for anticipatory bail insofar as petitioner No.1 is concerned. As for petitioner No.2, he submits that he has been falsely implicated in the case only on the basis of the statement of the co-accused, no recovery has been made from him. He prays for anticipatory bail on any terms and conditions. 2. Learned counsel appearing on behalf of the State produces the case diary, and on his usual fairness submits there is no antecedent in respect of the petitioner No.2. Furthermore, no call details or money
2 trail is available in the case diary. He also submits charge-sheet has already been submitted. 3. Memo of evidence, filed by the State, is taken on record. 4. Having heard the learned counsels for the respective parties and on perusal of the case diary, this court is of the opinion that this is a fit case for granting anticipatory bail to the petitioner No.2 as there is no need for custodial interrogation/detention. 5. Accordingly, the prayer for anticipatory bail of the petitioner No.2 i.e. Tajul Sheikh @ Tajel Sekh is allowed. 6. In the event of arrest, the petitioner No.2 shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the learned Judge, Special 3rd Court, Malda on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7.
In the event the petitioner No.2 fail to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 8. The application for anticipatory bail is, thus, disposed of. 3
9. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 10. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )