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Calcutta High CourtCRM (NDPS)/339/2025rejected

Safiul Sk @ Sariful Sk v. State Of West Bengal

2025-03-26Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

26-03-2025 CRM (NDPS) 339 of 2025 (ct. no.29) S. De (Rejected) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

- A n d - In the matter of : Safiul Sk. @ Sariful Sk.

.... Petitioner.

Mr. Arup Kr. Bhowmick, ... For the Petitioner.

Mr. Saryati Dutta, Ms. Eshita Dutta, ...for the State.

Order dictated by Apurba Sinha Ray, J.

1. Learned counsel for the petitioner has submitted that the petitioner is in custody for 7 months. The other accused persons including the principal accused have been granted bail. There is no chance of an early conclusion of the trial and, as such, he may be granted bail on any condition.

2. Learned counsel for the State opposes the prayer for bail. He has submitted that the petitioner absconded for about 3 years before his arrest and he has also submitted that 3 out of 7 chargesheet named witnesses have already been examined and the prosecution will conclude the trial within a very short span of time.

3. We have considered the materials-on-record. There are sufficient incriminating materials against the petitioner. If he is enlarged on bail, he may again abscond.

4. In view of the above, we are not inclined to grant bail to the petitioner, at this stage.

5. CRM (NDPS) 339 is dismissed.

6. However, considering his period of detention of the petitioner, we request the learned Trial Court to expedite the trial and conclude the

same on an early date without granting unnecessary adjournments to either of the parties.

7. Let this order be communicated by the parties to the learned Trial Court.

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