Tapan Kumar Dutta v. State Of West Bengal

28.03.2023 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 528 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.03.2023 in connection with Special Task Force (STF) Police Station Case No.14 of 2020 dated 25.02.2020 under Sections 17(c)/29 of the NDPS Act. (NDPS Case No.18 of 2020) And In Re: Tapan Kumar Dutta ... Petitioner Ms. Minoti Gomes Mr. Joy Chakraborty Mr. Sandip Dinda ... for the petitioner Mr. Sandip Chakraborty ... for the State It is submitted on behalf of the petitioner that he is in custody for more than three years. It is further submitted there is inordinate delay in trial. Co-accused viz. Papan Sarkar has been enlarged on bail. Learned Advocate for the State opposes the prayer for bail and submits trial has commenced and one witness has been examined.

We have considered the materials on record. Though allegations are grave, petitioner is in custody for over three years. Coaccused viz. Papan Sarkar similarly circumstanced with the petitioner has been enlarged on bail on the ground of inordinate delay in trial. Petitioner stands on the same footing with that of co-accused who has been enlarged on bail and may be extended the same privilege. Therefore, the accused/petitioner, namely Tapan Kumar Dutta, be released on bail upon furnishing bond of Rs.

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.

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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)