Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 9841 (CAL)

BABAR ALI @ BOBAR ALI v. STATE OF WEST BENGAL

CRM (A)/815/2026 · 2026-04-17

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.04.2026 Sl. No.57 Ct. 28 NB C.R.M (A) 815 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar PS Case No.1826/2025 dated 20.08.2025 under Sections 21(c)/27A/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of: Babar Ali @ Bobar Ali … petitioner Mr. Mazhar Hossain Chowdhury, Md. Zeeshanuddin. …for the petitioner. Mr. Antarikshya Basu, Mr. Saptarshi Chakraborty. …for the State. Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there are no other incriminating materials available against the petitioner. Charge sheet has been submitted. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he relies on the report and submits that there is no criminal antecedent or phone call conversation to implicate the present petitioner. The report also indicates that the name of the petitioner was disclosed by the arrested accused. In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the case diary and the 2 fact that a charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner. Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)