Joni Sekh @ Joni Sk v. State Of West Bengal

47.

26-03-2025 (ct. no.29) debajyoti (allowed) CRM (NDPS) 304 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Domjur Police Station Case No.486 of 2022 dated 07-06-2022 under Sections 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Joni Sekh @ Joni Sk .... Petitioner.

Mr. Arnab Chatterjee, Mr. Anisur Rahaman, Ms. Poulami Bose ... For the Petitioner.

Mr. Saryati Datta, Ms. Rajnandini Das ... For the State.

Dictated by Arijit Banerjee, J.

1. Read order dated March 17, 2025. As recorded in that order, Hon'ble Apex Court was pleased to enlarge on bail a co-accused person by the name of Mamoon Sekh by an order dated February 24, 2025 in Special Leave to Appeal (Criminal) No.15499 of 2024 on the ground of that person being in custody for more than two years and considering that he has no criminal antecedents.

2. We had asked the State to file a report indicating whether or not this petitioner has criminal antecedents.

3. A report has been filed by the State today. Let the same be taken on record.

4. From the report it appears that the petitioner does not have criminal antecedents. We also see that the petitioner is in custody for 2 years 9 months.

5. Hence, following the order of the Hon'ble Supreme Court, we grant bail to the petitioner.

6. Accordingly, we direct that the petitioner, namely, Joni Sekh @ Joni Sk, 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 under NDPS Act, 3rd Court at Howrah. The petitioner shall appear before the learned trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and/or commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station and shall report to the Officer-inCharge/Inspector-in-Charge of the said police station once in a week, until further orders.

7. 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.

8.

The application for bail is, thus, allowed.

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

10. 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.)