Sahad Ali Sha@ Indur v. State Of West Bengal

09.02.2024 Sl. No.5 akd [ALLOWED] C. R. M. (NDPS) 211 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.01.2024 in connection with Uluberia Police Station Case No.01 of 2022 dated 01.01.2022 under Sections 21(c)/29 of the NDPS Act.

And In Re: Sahad Ali Sha @ Indur ... ... Petitioner Sk. Toslim Ali ... ... for the petitioner Mr. Koushik Kundu ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about two years and one month. It is further submitted there is inordinate delay in trial. Co-accused has been enlarged on bail. Accordingly, he prays for bail.

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

3. We have considered the materials on record. Petitioner is in custody for a protracted period of time. Co-accused has been enlarged on bail on the ground of delay in trial. Petitioner stands on the same footing with the said co-accused. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Sahad Ali Sha @ Indur, 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-cum-Additional District & Sessions Judge, 3rd Court, Howrah 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.)