Indrajit Sarkar And ANR v. The State Of West Bngal

07.03.2024 sdas Allowed C.R.M. (NDPS) No. 448 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 1444 of 2021 dated 02.12.2021 under Section 20(b)(ii)(c ) of the N.D.P.S. Act.

And In Re : Indrajit Sarkar & Anr. ....... petitioners Sk. Toslim Ali .....for the petitioner Mr. Anwar Hossain Mr. Anindya Sundar Chatterjee .....for the State 1.

Heard the learned Counsels for the parties.

2.

We have considered the materials on record.

Petitioners are in custody for two years and two months. There is delay in trial. On such score co-accused has been enlarged on bail. Petitioners are entitled to similar relief.

3. Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act-cum-learned Additional District and Sessions Judge, 3rd Court, Howrah, on further condition that petitioners shall stay within the district of Howrah and shall provide address where they shall presently reside to the investigating officer and learned court below and they shall report to the Officer-in-Charge of Sankrail police station once in a week until

further orders. Petitioners 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.

4. In the event petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

5. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)