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Calcutta High CourtCRM (NDPS)/215/2023allowed

Alo Ray v. State Of West Bengal

2023-02-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.02.2023.

12.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 215 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 5 of 2020 arising out of Bandel G. R. P. S. Case No.10 of 2020 dated 04.02.2020 under Sections 20(b)(ii) of the NDPS Act. In the matter of : Alo Ray.

.... Petitioner.

Mr. Manas Kr. Das, Mr. Aritra Kr. Thokdar.

...for the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan.

...for the State.

Petitioner is in custody for more than three years. There is inordinate delay in trial. On this score, co-accused has been enlarged on bail.

Learned Advocate for the State produces the Case Diary. We have considered the materials on record. Co-accused similarly circumstanced with the petitioner has been enlarged on bail.

Hence, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner viz., Alo Ray shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under N.D.P.S. Act, Chinsurah, Hooghly subject to condition that she 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.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)