Anuradha v. State Of West Bengal

44.

17.03.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 283 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 B. Garden Police Station Case No.189/2023 dated 25.08.2023 under Sections 20(b)(ii)C of the Narcotic Drugs & Psychotropic Substances Act, 1985. And In the matter of: - Anuradha.

...petitioner.

Mr. D. Chatterjee, Mr. Asit Nayek, Ms. Narmata Hatui, Ms. Rimpa Adhikary ...for the petitioner.

Mr. Subhasish Datta ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated February 26, 2025, whereby a co-accused person by the name of Anamika @ Anamika Bharoti was enlarged on bail solely on the touchstone of Article 21 of the Constitution of India and also considering that the petitioner in that case was a lady. In that case, the petitioner had been in custody for about 1 (one) year and 6 (six) months and charge had not been framed. This petitioner says that she stands on the same footing as Anamika. Charge has still not been framed.

2. Learned State counsel while opposing the prayer for bail, tells us that March 10, 2025 was the last date fixed before the learned trial court. However, he could not tell us what happened on that date.

3. We find that the petitioner is similarly circumstanced as the aforesaid Anamika insofar as the delay in trial and period of detention are concerned.

4. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Anuradha 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 learned Judge, Special Court, NDPS Act, Howrah. 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and meet the Bench Clerk of the said Court once in every week during official hours, until further orders.

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

7. The application for bail being CRM (NDPS) 283 of 2025 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)