Brahmananda Panda v. State Of West Bengal

23.03.2023.

15.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 473 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection N Case No.06 of 2023 arising out of Baguiati P. S. Case No.34 of 2023 dated 17.01.2023 under Sections 20(b)(ii) B of the NDPS Act. In the matter of : Brahmananda Panda.

.... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mr. Binay Panda, Mr. Subham Bhakat.

...for the State.

Petitioner is in custody for 60 days. He prays for bail. Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Recovery from the petitioner is below commercial quantity. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Brahmananda Panda shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under N.D.P.S. Act, Barasat, North 24-Paraganas subject to condition that he 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.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)