Arun Narayan Dev @ Pahuna v. State Of West Bengal
11.01.2024 Sl. No.29 akd [ALLOWED] C. R. M. (NDPS) 60 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.01.2024 in connection with Asansol North Police Station Case No.221 of 2020 dated 15.09.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.07 of 2020) And In Re: Arun Narayan Dev @ Pahuna ... ... Petitioner Mr. Avik Ghatak Mr. Fahad Imam ... ... for the petitioner Mr. Sujan Chatterjee ... ... for the State
1. It is submitted on behalf of the petitioner that he is in custody for more than three years. It is further submitted there is inordinate delay in trial. Co-accused have been enlarged on bail. Accordingly, he prays for bail.
2. Learned Advocate for the State opposes the prayer for bail.
3. We have considered the materials on record. Petitioner is in custody for a protracted period of time. There is little possibility of trial concluding in the near future. On the score of delay in trial, coaccused have been enlarged on bail. In view of the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.
4. Therefore, the accused/petitioner, namely Arun Narayan Dev @ Pahuna, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act-cum-Additional Sessions Judge, 3rd Court, Asansol, Paschim Bardhaman subject to condition that the
said 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 or commit similar offences in future.
5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)