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Calcutta High CourtCRM (NDPS)/95/2024allowed

Sajibul Sk @ Sagibul Sk v. State Of West Bengal

2024-01-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

17.01.2024 sdas Allowed C.R.M. (NDPS) No. 95 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 72 of 2022 dated 05.02.2022 under Sections 21(c )/29 of the N.D.P.S. Act.

And In Re : Sajibul Sk. @ Sagibul Sk. ....... petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose .....for the petitioner Mr. Binoy Kumar Panda Mr. R. Jana .....for the State

1. Heard the learned Counsels for the parties.

2. We have considered the materials on record. Petitioner is in custody for about a year. There is delay in trial. On such score co-accused has been enlarged on bail. Petitioner is entitled to similar relief.

3. 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 Judge, Special Court under NDPS Act, 5th Court, Berhampore, Murshidabad, 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.

4. 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.

5. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)