Nayan Chouhan v. State Of West Bengal

25.02.2026 Serial no. 74 [G.S.D] CRM (NDPS) 359 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Hili Police Station Case No. 49 of 2025 dated 15.03.2025 u/s 21(c)/22(c)/23(c)/27A/38 of the NDPS Act, 1985 (corresponding to NDPS Case No. 18 of 2025).

-AndIn the matter of : Nayan Chouhan ... ... Petitioner(s) Mr. Kaushik Choudhury Mr. Dwaipayan Panda Mr. Tridib Das ... for the Petitioner(s) Md. Adil Badr, Jr. Govt. Adv.

Mr. Rajesh Jana ... for the State-respondent(s) Learned advocate for the petitioner submits that there were recoveries of 150 bottles of phensedyl from the motor cycle which belongs to the petitioner consequent to which he was implicated in the instant case. The petitioner, subsequently, surrendered and is in custody for more than seven months. According to the learned advocate, chargesheet has already been submitted and charges have been framed, as such, on any stringent conditions, the petitioner may be enlarged on bail.

Learned advocate for the State opposes the prayer for bail and submits that witness action has already commenced and the prosecution intends to examine 18 witnesses.

Having considered the period of detention and the quantum of seizure, I am of the view that further incarceration of the present petitioner is unwarranted. Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Nayan Chouhan shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned Special Court (NDPS Act)-cum-Additional Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat.

If on bail, the petitioner shall be present on each and every date of the trial so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Dakshin Dinajpur without prior permission of the learned Special Court.

Accordingly, CRM(NDPS) 359 of 2026 is allowed. Pending application(s), if any, is also disposed of. Memo of Evidence so submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)