Ohidur Momin v. State Of West Bengal

16.

18.02.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 25 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - OHIDUR MOMIN ...petitioner.

Mr. Aniket Mitra Mr. Musharraf Alam Sk ...for the petitioner.

Mr. Suman De Mr. S. Balial ...for the State.

Dictated by Arijit Banerjee, J.

1. Memo of Evidence filed by the State be kept with the records.

2. The petitioner renews his prayer for bail which was rejected twice earlier, firstly on December 18, 2023, in CRM (NDPS) 1809 of 2023 and then on July 11, 2024, in CRM (NDPS) 1059 of 2024. While rejecting his bail prayer, this Bench, on July 11, 2024, had directed the learned Trial Court to expedite the trial to the fullest extent so that the same can be concluded on an early date and positively within eight months from the next date fixed for recording of evidence.

3. Learned State Advocate tells us that the next date fixed was on August 12, 2024. Therefore, eight months' period would expire on April 12, 2025. All efforts will be made to conclude the trial within that time-period.

4. Since there has been no change of circumstances after the petitioner suffered rejection on merits twice, we are not inclined

to entertain his prayer for bail, at this stage. Hence, the prayer for bail is rejected.

5. The application being CRM (NDPS) 25 of 2025 is accordingly dismissed.

6. However, since the petitioner is in custody for two years and one month, in the event the trial does not conclude within the time-period already indicated by this Court on the earlier occasion, the petitioner will be at liberty to renew his prayer for bail.

7. Parties to communicate this order to the learned Trial Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)