Ratan Mondal v. State Of West Bengal

06-03-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 236 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Lake Town Police Station Case No. 179 of 2024 dated 16.06.2024 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

- A n d - In the matter of : Ratan Mondal .... Petitioner.

Mr. Raja Mukherjee, ... For the Petitioner.

Mrs. Amita Gour, Mrs. D. Ghosh, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioner was arrested on June 16, 2024. Charge sheet without the chemical report was filed on August 29, 2024. 180 days from the date of the petitioner's arrest expired on December 13, 2024. He applied for bail on January 13, 2025, before the learned Trial Court. His prayer having been rejected he is before us.

2.

The petitioner relies on the decision in the case of Idul Mia in CRM (NDPS) 1359 of 2024, reported in 2024 SCC Online Cal 9109.

3.

Learned State Advocate fairly tells us that the chemical report is yet to be filed before the learned Trial Court. 4.

We, therefore, see that on the date the petitioner approached the learned Trial Court for bail, his prayer should have been allowed going by the decision of Idul Mia (supra). 5.

Hence, we are inclined to enlarge the petitioner on bail. 6.

Accordingly, we direct that the petitioner, namely, Ratan Mondal, shall be released on bail upon furnishing a bond of Rs.

25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge under the NDPS Act, Barasat, North 24 Parganas subject to condition that he 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 and on further condition that the petitioner while on bail shall not leave the jurisdiction of the concerned Police Station except for the purpose of attending court proceedings and shall meet the O.C./I.C. of the concerned police station once in a fortnight until further orders. 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. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )