Ilu Sk. v. State Of West Bengal

31.01.2024 Sl. No.15 akd [ALLOWED] C. R. M. (NDPS) 193 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.01.2024 in connection with Farakka Police Station Case No.477 of 2022 dated 20.11.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.228 of 2022) And In Re: Ilu Sk.

... ... Petitioner Mr. Jisan Iqubal Hossain Ms. Chandrima Debnath ... ... for the petitioner Mr. Iqbal Kabir ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than a year. Co-accused viz. Najrul Islam @ Najbul Hoque has been enlarged on bail by the Hon'ble Apex Court. Accordingly, he prays for bail on parity.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Petitioner is in custody for more than a year. Under such circumstances, co-accused viz. Najrul Islam @ Najbul Hoque has been enlarged on bail by the Hon'ble Apex Court. In view of the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Ilu Sk., be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), 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, Berhampore, Murshidabad subject to condition that the said 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 or commit similar offences in future.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)