Ashok Yadav @ Behera v. State Of West Bengal

17.05.2022 Serial no. 53 Aloke Ct. No. 29 CRM (NDPS) 475 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Hirapur Police Station Case No. 105 of 2022 dated 18.03.2022 under Sections 21(b) of the NDPS Act.

-AndIn the matter of : Ashok Yadav @ Behera ...Petitioner Mr. Ayan Bhattacharya, Advocate Mr. Tirupati Mukherjee, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick, Advocate ... ...For the State Petitioner prays for bail.

Considering the fact that narcotics below the commercial quantity was seized from the possession of the petitioner and considering the period of detention of the petitioner, the materials in the case diary and considering the fact that the police filed charge-sheet, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 NDPS Act-cum-Additional Sessions Judge, 3rd Court, Asansol, Paschim Bardhaman, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (NDPS) 475 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)