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Calcutta High CourtCRM (NDPS)/520/2024allowed

Aktarulhoque @ Aktarul Haque v. State Of West Bengal

2024-03-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

19.03.2024.

19.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 520 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.59 of 2023 arising out of Hili P. S. Case No.138 of 2023 dated 13.08.2023 under Sections 21(c)/22(c)/23(c)/27A of the NDPS Act.

In the matter of : Aktarul Hoque @ Aktarul Haque. .... Petitioner.

Mr. Kaushik Chaudhury, Ms. Busra Khatun.

...for the Petitioner.

Mr. Debasish Roy, ld. P.P., Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Manasi Roy.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for 54 days. No narcotics was recovered from his possession. Co-accused similarly circumstanced with the petitioner have been granted anticipatory bail. 3.

Hence, we are inclined to grant bail to the petitioner. 4.

Accordingly, the petitioner viz., Aktarul Hoque @ Aktarul Haque 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 the NDPS Act, Balurghat, Dakshin Dinajpur subject to condition that he shall appear before the trial court on every date of hearing until further orders and Signed By : ALOK SETH High Court of Calcutta 21 st of March 2024 05:05:21 PM

shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5.

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.

6.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 21 st of March 2024 05:05:21 PM