Rejaul Karim v. The State Of West Bengal

29.

26.02.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 117 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Kaliachak Police Station Case No.903/2024 dated 21.06.2024 under Sections 21(C)/25/27A/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

And In the matter of: - Rejaul Karim.

...petitioner.

Mr. Amitabha Kar, Mr. Arup Kr. Bhowmick ...for the petitioner.

Mr. Saryati Datta, Ms. Chandreyi Dutta ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he stands on the same footing as Samirul Miya @ Motu who was granted bail by this bench on February 21, 2025 in CRM (NDPS) 111 of 2025.

2. Learned State advocate says that this petitioner is substantially similarly circumstanced as the aforesaid Samirul Miya @ Motu. There was no recovery from this petitioner. He has been implicated on the basis of the statements made by co-accused persons.

3. We find that the petitioner is in custody for 198 days. Chargesheet has been submitted upon completion of investigation.

4. On an overall assessment of the material on record, we are of the view that the petitioner has been able to tide over the restrictions under Section 37 of the NDPS Act, 1985.

5. Accordingly, we allow the petitioner's prayer for bail.

6. Accordingly, we direct that the petitioner, namely, Rejaul Karim shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Judge, Special Court, NDPS, Malda. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the Kaliachak Police Station and shall report to the Officer-in-Charge/Inspector-in-Charge of the said police station once in a fortnight, until further orders.

7. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

8. The application for bail being CRM (NDPS) 117 of 2025 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

10.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)