Suchitra Singha v. State Of West Bengal

38.

06.03.2025 Court No.29 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 200 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Nischinda Police Station Case No. 68/2023 dated 28.4.2023 under Sections 21(c)/27A/29 of the NDPS Act, 1985. NDPS Case No. 31/2024. And In the matter of: - SUCHITRA SINGHA ...petitioner.

Mr. Md. Wasim Akram Ms. Reshmi Khatun ...for the petitioner.

Mr. Anand Keshari Mrs. Manasi Roy ...for the State.

Dictated by Arijit Banerjee, J.

1. Status report filed by the State be kept with the records.

2. We see that only one witness has been examined by the prosecution, that too, in part. There are 13 charge-sheet named witnesses. The petitioner is in custody for one year and 10 months. The report filed by the State does not mention that the petitioner has any criminal antecedents although that was a specific query that the co-ordinate Bench had raised on the earlier occasion.

3. Although the report says that the examination of witnesses will be complete within six months, we are not convinced. Charge was framed on December 18, 2023. Since then, i.e., in the last one year and two months, one witness has been

examined partly. At this rate, nobody knows when the trial will conclude.

4. Considering the period of detention of the petitioner and the fact that there is little possibility of an early conclusion of the trial, without touching the merits of the case, solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, SUCHITRA SINGHA shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), 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, Howrah, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not leave the territorial jurisdiction of Howrah Police Station (jurisdiction of the learned Trial Court), until further orders and shall furnish her present address to the Inspector-inCharge of the said Police Station as well as the learned Trial Court.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above 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.

7. The application for bail being CRM (NDPS) 200 of 2025 is accordingly disposed of.

8. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)