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2026 DAILYLAW 35231 (CAL)

TINKU SK v. STATE OF WEST BENGAL

CRM (A)/1934/2026 · 2026-08-14

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.08.2026 Sl.No. 21 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 1934 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sagarpara Police Station Case No. 93 of 2026 dated 12.02.2026 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act corresponding to NDPS case no. 18/2026. -And- In the matter of : Tinku Sk. … Petitioner Mr. Jisan Iqubal Hossain ….for the petitioner Mr. Kaustav Lal Mukherjee ……..for the State 1. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is innocent. The Petitioner has been falsely implicated in the present case; no recovery has been made from him. He has been implicated only on the basis of the statement of the co- accused. His prayer for anticipatory bail may be allowed in any terms and conditions. 2. Learned counsel appearing on behalf of the State produces the case diary and opposes the prayer. At the same time, on his usual fairness submits that there is no money trail or any call details available on record. Furthermore, there are no criminal antecedents of the petitioner. 2 3. Having heard the learned counsels for the respective parties and on perusal of the case diary produced by the State, this court finds that the present petitioner has been implicated on the basis of the statement of the co- accused before the police officer. It is inadmissible in law. No other additional evidence was found against the petitioner, and no money trail and/or call details records were recovered. 4. This court finds that this is a fit case for granting anticipatory bail to the petitioner as there is no need of custodial interrogation. 5. As such, the prayer for anticipatory bail of the petitioner, namely, Tinku Sk. is allowed. 6. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer 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 fails to comply with any of the conditions as imposed by this court, 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. )