Ramesh Mondal @ Romesh Mandal v. State Of West Bengal

06.02.2023 Sl. No.21 akd [ALLOWED] C. R. M. (NDPS) 197 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.02.2023 in connection with Lalgola Police Station Case No. 844 of 2019 dated 15.11.2019 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.213 of 2019) And In Re: Ramesh Mondal @ Romesh Mandal ... Petitioner Mr. Tapodip Gupta ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... for the State It is submitted on behalf of the petitioner that he is in custody for about three years and two months. It is further submitted there is little possibility of the trial concluding in near future. Learned Advocate for the State opposes the prayer for bail and submits three witnesses have been examined. We have considered the materials on record.

Only 3 out of 17 witnesses have been examined till date. Petitioner is in custody for more than three years. There is little possibility of the trial concluding in near future. In view of the aforesaid circumstances, we are of the opinion fundamental right of the petitioner to speedy trial enshrined under Article 21 of the Constitution of India has been infracted. Bail prayer of the petitioner on this score is not fettered under Section 37 of the NDPS Act. Accordingly, we are inclined to grant bail to him. Therefore, the accused/petitioner, namely Ramesh Mondal @ Romesh Mandal, be released on bail upon furnishing bond of Rs.

learned Judge, Special Court under the NDPS Act-cum-Additional District Judge, 2nd Court, 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.

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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)