Bideshi Pradhan v. State Of West Bengal

15.01.2024 Sl. No.9 akd [ALLOWED] C. R. M. (NDPS) 70 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.01.2024 in connection with Contai Police Station Case No.105 of 2022 dated 04.03.2022 under Section 20(b)(ii)(c) of the NDPS Act. (NDPS Case No.06 of 2022) And In Re: Bideshi Pradhan ... ... Petitioner Mr. Arnab Chatterjee Ms. Poulami Bose Ms. Dhanasree Biswas ... ... for the petitioner Mr. Avishek Sinha ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about one year and ten months. It is further submitted there is delay in trial. Co-accused has 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 about one year and ten months. On the score of delay in trial, coaccused has 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 Bideshi Pradhan, 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, Tamluk, Purba Medinipur 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. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)