Calcutta High Court
CRM (A)/2326/2026 of TOHIDUR SEKH @ TOUHIDUR SK Vs STATE OF WEST BENGAL on 31 August 2026
Sl. No.6 Ct. 446/tkm C. R. M. ( A ) 2326 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No.1871 of 2025 dated 03.11.2025 under sections 21(c)/25/27A/29 of the NDPS Act And In
31.08.2026
Sl. No.6
Ct. 446/tkm
C. R. M. (A) 2326 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No.1871 of 2025 dated 03.11.2025 under sections 21(c)/25/27A/29 of the NDPS Act
And
In Re: Tohidur Sekh @ Touhidur Sk
… … Petitioner
Allowed
Mr. Sagar Saha
Ms. Nayana Mukhopadhyay
… … for the petitioner
Ms. Piyali Chatterjee
Ms. Pramita Banerjee
… … for the State
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1. Mr. Saha, learned Advocate for the petitioner submits that the petitioner has been falsely implicated in the instant case solely on the basis of the confessional statement of a co-accused. Referring to a portion of the FIR, he submits that, during the investigation, the co-accused made a statement that they had been carrying on the business illegally with one Asmaul, and the said Asmaul has been granted pre-arrest bail by a Coordinate Bench of this Court vide order dated 23rd June, 2026, passed in CRM(A) 1612 of 2026. In such circumstances, according to him, the petitioner may be granted pre-arrest bail.
2. Mr. Chatterjee, learned Advocate for the State produces the Case Diary and Memo of Evidence and opposes the prayer for anticipatory bail. In response to a query from this Court, learned Advocate for the State, in her usual fairness, submits that, except for the confessional statement of a co-accused person, no other material, including call detail records (CDR), any evidence regarding the past criminal antecedents of the petitioner, or any
2 material showing his involvement in the money trail, is available in the Case Diary.
3. Heard the learned Advocates appearing for the respective parties and perused the materials in the Case Diary. Having considered that the present petitioner has been implicated solely on the basis of the confessional statement of a co-accused and that there is an absence of any other material, such as CDR, evidence showing his past criminal antecedents, or his involvement in the money trail, and further considering that another co-accused has been granted pre-arrest bail, I am of the view that the same privilege under Section 482 of the BNSS can be extended in favour of the petitioner.
4. Accordingly, I direct that, in the event of arrest, the petitioner namely, Tohidur Sekh @ Touhidur Sk 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 Court, under NDPS Act, Malda and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.
5. The application being CRM (A) 2326 of 2026 is disposed of.
(Partha Sarathi Chatterjee, J.)