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2026 DAILYLAW 37932 (CAL)

ALOM SK @ TOHIDUR SK @ TOHIDUR ALAM v. STATE OF WEST BENGAL

CRM (A)/2797/2026 · 2026-09-02

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2026 Court No.35. D/L. 7. Kausik (Allowed) CRM (A) 2797 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No. 1044/2025 dated 15.06.2025 under Sections 21(c)/25/27A/29 of the NDPS Act, 1985. And In the matter of : Alom Sk @ Tohidur Sk @ Tohidur Alam ……Petitioner. Mr. Sekhar Kumar Basu, Sr. Adv. Mr. Priyankar Ganguly Mr. Amaan Deep Gupta Ms. Pipasa Chakraborty ……for the Petitioner. Mr. Sagar Saha Ms. Nayana Mukhopadhyay ….for the State. Learned Senior Advocate appearing for the petitioner submits although the present case relate to alleged recovery of 478 Gms. of Brown Sugar from the house of another accused person but petitioner has been implicated on the basis of statement of co-accused. As such, petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and submits there is an antecedent of the present petitioner being Kaliachak PS Case No. 1665 of 2025. However, it has been submitted that the petitioner was granted 2 anticipatory bail as in the said case also petitioner was implicated on the basis of statement of co-accused. So far as the present case is concerned, according to the learned advocate appearing for the State there are no CDR or money trail and the only material available against the petitioner is statement of co-accused. Having considered the overall circumstances of the present case as well as the subject matter of the case relating to the antecedent of the petitioner, I am of the opinion that the custodial detention of the present petitioner is unwarranted. As such prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner namely, Alom Sk @ Tohidur Sk @ Tohidur Alam be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As charge sheet has already been submitted, this order of anticipatory bail will remain in force for a period of 6 weeks. Accordingly, CRM (A) 2797 of 2026 is allowed. Memo of Evidence submitted be kept with the record. 3 All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)