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Calcutta High CourtCRM (NDPS)/505/2024allowed

Ekramul Hoque @ Ekramul Haque v. State Of West Bengal

2024-04-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.04.2024 Sl. No.6 akd [ALLOWED] C. R. M. (NDPS) 505 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.03.2024 in connection with Nabagram Police Station Case No.399 of 2023 dated 09.11.2023 under Sections 20(c)/29 of the NDPS Act. (NDPS Case No.108 of 2023) And In Re: Ekramul Hoque @ Ekramul Haque ... ... Petitioner Mr. Tapodip Gupta ... ... for the petitioner Mr. Shekhar Barman ... ... for the State

1. Medical report of the petitioner is placed on record. Medical report shows petitioner had been under continuous treatment at Murshidabad Medical College & Hospital. USG and other tests were also done. Finally he was discharged on 01.03.2024 observing as follows :- 'Splenic Laceration & Subcapsular Collection with chronic Cal. Panc. with small pseudocysts.'

2. In view of the aforesaid finding it appears petitioner is suffering from serious ailments and requires medication. Medication from correctional home may not be adequate. Under such circumstances and purely on humanitarian consideration, we are inclined to grant bail to the petitioner however, subject to conditions.

3. Therefore, the accused/petitioner, namely Ekramul Hoque @ Ekramul Haque, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act-cum-Additional Signed By : ARUP KUMAR DAS High Court of Calcutta 15 th of April 2024 02:33:38 PM

District Judge, 2nd Court, Berhampore, Murshidabad subject to condition that the said petitioner 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 or commit similar offences in future and on further condition that the petitioner, while on bail, shall not leave the jurisdiction of Kotwali Police Station except for the purpose of attending court proceedings and medical treatment until further orders.

4. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

5. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 15 th of April 2024 02:33:38 PM