Akshay Saha And ANR v. State Of West Bengal

24.02.2021 Court No.28 rpan / 44 C.R.M. 618 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Habra P.S. Case No. 103 of 2020 dated 05.03.2020 under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Akshay Saha & Another - Petitioners.

Mr. Mritunjay Chatterjee, Mr. Susnigdho Bhattacharyya ....for the petitioners.

Mr. Saryati Datta ....for the State.

The learned advocate appearing for the petitioners submits that the petitioners are in custody since 4th March, 2020 and the investigation of the case has already been concluded and chargesheet has been submitted on or about 20th April, 2020. Learned advocate further submits that on any condition the petitioners may be released on bail, as the quantum involved is of intermediate quantity.

The learned advocate appearing for the State opposes the prayer for bail and submits that earlier the prayer for bail of the petitioenrs have been rejected and further recovery was effected from the possession of the present petitioners. Having regard to the stage of the case and the gravity of the offence, we are not inclined to release the petitioners on bail at this stage when the trial is yet to commence.

Accordingly, the prayer for bail of the petitioners is rejected.

The petitioners will be at liberty to approach this Court after evidence of three witnesses are over.

With the aforesaid observations, the application for bail, being CRM No. 618 of 2021, is disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)