Ujir Sk. v. State Of West Bengal

23-08-2021 (ct. no.32) KOLE CRM 3336 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 102 of 2019 dated 30.01.2019 under Sections 21(c)/29 of the NDPS Act.

- A n d - In the matter of : Ujir Sk.

.... Petitioner.

Mr. Niladri Sekhar Ghosh, Mr. Tapadip Gupta, Mrs. S. Mukherjee, ... For the Petitioner.

Mr. Binay Panda, Mrs. Puspita Saha, Mr. S. Bhakat, ... For the State.

The petitioner renews his prayer for bail which was rejected by a coordinate Bench by an order dated March 11, 2020 passed in CRM 1019 of 2020.

The petitioner says that he was arrested on the basis of statement made by a co-accused. There are two inconsistent confessional statements of the petitioner recorded by the police. The petitioner is in custody for about 21 months. He prays for bail. He says that the prime accused on the basis of whose statement he was arrested, has been granted bail by the learned Court below. We have seen the material on record. The fact remains that commercial quantity of codeine mixture was recovered from the house of the petitioner pursuant to information given by him. Trial is in progress. Six out of 18 witnesses have been examined.

On an overall consideration of the material on record and the facts and circumstances of the case, we are not inclined to allow the petitioner's prayer at this stage. The prayer for bail is rejected.

CRM No. 3336 of 2021 is accordingly dismissed. However, since the petitioner has been in custody for quite sometime, we request the learned Court below to expedite the trial and bring the same to its logical conclusion as soon as the business of the court may permit and preferably within a period of one year from date. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )