Lakhi Kanta Garai v. State Of West Bengal

31.01.2022 Sl. 48 Court No.29 suvayan (Allowed) C.R.M. (NDPS) 86 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.01.2022 in connection with Bankura P.S. Case No. 173 of 2021 dated 05/08/2021 under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, arising out of NDPS Case No. 11 of 2021. And In the matter of: Lakhi Kanta Garai ....petitioner Mr. Avijit Chakraborty ...for the petitioner.

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

Petitioners seek bail.

Considering the fact that other co-accused were granted bail by the co-ordinate Bench and considering the fact that intermediate quantity of narcotic was seized from the joint possession of the petitioner alongwith the other co-accused who were granted bail by the co-ordinate Bench, we grant bail to the petitioner on the ground of parity.

Accordingly, the petitioner 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 the NDPS Act, Bankura subject to the condition that during bail he shall appear before the learned trial court on the date fixed till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.

The application for bail being C.R.M. (NDPS) 86 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)