Hariarjun Bidika v. State Of West Bengal
11.01.2024 sdas Allowed C.R.M. (NDPS) No. 41 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Belghoria Police Station Case No. 497 of 2021 dated 25.07.2021 under Sections 20(b)(ii)(c )/25/29/27A of the N.D.P.S. Act.
And In Re : Hariarjun Bidika ....... petitioner Mr. Kailash Tamoli Mr. Mritunjay Chatterjee Mr. Debapriya Majumder .....for the petitioner Mr. Debasish Roy, learned PP Mr. Rudradipta Nandy, learned APP Mr. Koushik Kundu .....for the State
1. Learned Counsel for the petitioner submits he is in custody for more than two years and six months. It is also submitted he is the owner of the vehicle. Owner of another vehicle has been granted bail by the Hon'ble Apex Court. Coaccused have been granted bail by this Court. He prays for bail.
2. Learned Counsel for the State opposes the prayer for bail.
3. We have considered the materials on record. Three vehicles were used to transport narcotics i.e. 315 kgs. of Ganja. Owner of one of the vehicles has been enlarged on bail by the Hon'ble Apex Court. That apart petitioner is in custody for two years and six months. Examination of P.W. 1 is in progress. Prosecution proposes to examine twenty witnesses in all. There
is little possibility of trial concluding in the near future. Under such circumstances we are of the opinion that petitioner may be granted bail.
4. Accordingly, we direct that 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 the learned Additional District & Sessions Judge, 1st Court, Special Judge under NDPS Act, Barrackpore, North 24 Parganas, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
5. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
6. The application for bail is, accordingly, allowed.
7. Trial be expedited. Petitioner shall not seek unnecessary adjournment. In the event he resorts to delay or dilation of the proceeding trial court shall be at liberty to cancel his bail in accordance with law.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)