Rakesh Thapa v. State Of West Bengal

20-11-2024 (ct. no. 29) KOLE CRAN 1 of 2024 in CRM (NDPS) 280 of 2024 In re: An application for relaxation of condition of bail under Section 439(1)(b) of the Code of Criminal Procedure/Section 483(1)(b) of BNSS.

- A n d - In the matter of : Rakesh Thapa .... Petitioner.

Mr. Satadru Lahiri, Mr. Sourav Paul, Mr. Samrat Biswas, .... For the petitioner.

Mir Anuruzzaman, Ms. A. Dey, ... for the State.

IN Re: CRAN 1 of 2024 1.

The petitioner was granted bail on February 22, 2024, inter alia, on the condition that he shall remain within the city of Kolkata. He has now applied for relaxation of that condition saying that by profession he is a driver and it is difficult to find a job within the territorial limits of Kolkata. Even if he finds a job, he may have to travel beyond the territorial limits of Kolkata to other districts. 2.

Learned Advocate for the State says that there is no adverse report in so far as the petitioner is concerned. He has been complying with the conditions of bail.

3.

In view of the aforesaid, and on humanitarian grounds keeping in mind a person's fundamental right to livelihood, we are inclined to relax the aforesaid condition of bail. The petitioner may travel beyond the territorial limits of Kolkata but shall at all material times stay within the geographical limits of the State of West Bengal. Further, he may report to the STF Police Station once in a fortnight

instead of once in a week. The other conditions of bail remain unaltered. The earlier order of bail stands modified to the aforesaid extent.

4.

CRAN 1 of 2024 is, thus, disposed of.

5.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )