Amitava Biswas @ Rajesh v. State Of West Bengal
06.05.2025 SB C.R.M. (NDPS) 375 of 2025 Rejected In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with NDPS case no. 46 of 2023 arising out of Chapra Police Station case no. 279 of 2023 dated 13.5.2023 under Sections 21(c)/29 of the NDPS Act, 1985. And In the matter of : Amitava Biswas @ Rajesh .... Petitioner Mr. Debasish Kar ...for the Petitioner Mr. Suman De Ms. Mamata Jana ...for the State It is submitted on behalf of the petitioner in C.R.M. (NDPS) 375 of 2025 that he was arrested on the basis of the statement of the co-accused and that he is in custody since 18.5.
2023 and that trial has not yet been concluded and the prosecution proposes to examine in all 30 witnesses and nobody knows when the trial would be concluded and as such, he prays for bail on any terms and conditions in the touchstone of Article 21 of the Constitution of India. Learned counsel for the State submits that the Hon'ble Supreme Court vide its order dated 25.11.2024 observed that 9 out of 30 witnesses have been examined by the prosecution till that date and the Apex Court refused to interfere with the impugned order but directed that in the event, if there is no substantial progress in the trial within next four months or there is no change of circumstances, the petitioners shall be at liberty to renew his prayer for bail.
In this context, learned counsel for the State submits that since that date, 10 more witnesses have already been examined and within next one or two dates, they will be able to conclude the examination of rest witnesses. Accordingly, he submits that as per order of the Apex court, there appears to be substantial progress in trial. Petitioner cannot agitate that his right to speedy trial has been curtailed. Having considered the submissions made by both the parties and also considering the fact that since the last order passed by the Apex court there appears to be substantial progress in the trial and counsel for the state seeks short period for conclusion of trial, the prayer for bail is considered and rejected at this stage.
However, the Trial court is requested to conclude the entire proceeding as early as possible, preferably within a period of four months from the next date of hearing. In the event, there would be no substantial progress of the trial within next four months, the petitioner will be at liberty to renew his bail prayer. Petitioner is directed to communicate the order to the court below at the earliest. Accordingly, CRM (NDPS) 375 of 2025 is disposed of. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)