Laltu Ghosh v. Union Of India

26.02.2025 Item no. 92.

Court No.29.

AB (Allowed) CRM (NDPS) 204 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No.32 of 2024 under Section 8(c)/20(b)(ii)(c) of the NDPS Act And In the matter of : Laltu Ghosh ......Petitioner.

Mr. Prabir Majumdar, Mr. Debraj Shil ......for the Petitioner.

Mr. Gouranga Kr. Das, Mr. Somnath Adhikary ......for the NCB.

Dictated by Arijit Banerjee, J.

1.

The petitioner claims parity citing orders dated November 5, 2024 and February 21, 2025, passed in CRM (NDPS) 1513 of 2024 and CRM (NDPS) 123 of 2025 respectively, whereby two accused persons by the name of Samir Kumar Ghosh and Rajat Biswas respectively, were enlarged on bail.

2.

The petitioner says that he stands on the same footing as those accused persons.

3.

Learned Advocate for the NCB files a report. Let the same be kept with the records.

4.

Learned Advocate for the NCB, while opposing the bail prayer, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as the aforesaid Samir Kumar Ghosh and Rajat Biswas, who were enlarged on bail.

5.

Hence, on the ground of parity, we allow the prayer of the petitioner.

6.

Accordingly, we direct that the petitioner, namely LALTU GHOSH shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of Rs.12,500/-each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act at Krishnagar, Nadia, and on further conditions that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

7.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

8.

The application for bail is, accordingly, allowed. 9.

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.)