Subodh Orang @ Somra v. State Of West Bengal

30.03.2023 Sl. No.18 akd [ALLOWED] C. R. M. (NDPS) 585 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.03.2023 in connection with Jagacha Police Station Case No. 08 of 2020 dated 14.01.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In Re: Subodh Orang @ Somra ... ... Petitioner Ms. Mobashshara Alam ... ... for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about three years and two months. It is further submitted there is inordinate delay in trial. Coaccused viz. Roshan Kumar Singh @ Karan Singh @ Rocky Singh has been enlarged on bail.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Though allegations are grave, co-accused viz. Roshan Kumar Singh @ Karan Singh @ Rocky Singh was enlarged on bail on the ground of inordinate delay in trial. Hence, we are inclined to extend the same privilege to the petitioner also.

Therefore, the accused/petitioner, namely Subodh Orang @ Somra, 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, Howrah 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.

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.)