Allarakha Sk @ Alim @ Alam Sk v. State Of West Bengal

23.02.2024 Sl. No.19 akd [Rejected] C. R. M. (NDPS) 364 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.02.2024 in connection with Kandi Police Station Case No.99 of 2020 dated 21.02.2020 under Sections 21(c)/29 of the NDPS Act.

And In Re: Allarakha Sk. @ Alom @ Alam Sk.

... ... Petitioner Mr. Sumanta Chakraborty Mr. S. Sardar ... ... for the petitioner Mr. Apurba Kumar Datta Mr. Sekhar Barman ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about five months. It is further submitted no narcotics was recovered from his possession. Petitioner has been falsely implicated. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits petitioner fled from the spot. He had absconded for 31⁄2 years.

3. We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. His complicity has transpired from the statements of witnesses. He had absconded for a protracted period of time. Trial is about to commence. Under such circumstances, we are not inclined to grant bail to the petitioner.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)