Subrata Biswas @ Bachchan v. State Of West Bengal And ANR

22.04.2024.

16.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 693 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with N. Case No.04 of 2022 arising out of Hasnabad P.S. Case No.09 of 2022 dated 07.01.2022 under Sections 21(c)/29 of the NDPS Act. In the matter of : Subrata Biswas @ Bachchan. .... Petitioner.

Mr. Sobhan Gani, Md. Aqib Badr, Mr. Abdul Kalam Chowdhury, Mr. Arshad Alam, Mr. Sakti Shivam.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Ms. Pinkey Sarkar.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is in custody for over two years. There is slow progress in trial. Two out of eleven witnesses have been examined. There is little possibility of trial concluding in the near future. 3.

Under such circumstances, we are of the opinion petitioner has been able to make out a case for bail on the ground of delay in trial. Bail prayer on the ground of delay in trial is not fettered by restrictions under Section 37 of the NDPS Act as held in Rabi Prakash Vs. State of Odisha1

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

5. Accordingly, the petitioners viz., Subrata Biswas @ Bachchan shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of Signed By : ALOK SETH High Court of Calcutta 23 rd of April 2024 05:14:02 PM

whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Barasat, North 24Paraganas subject to condition that he 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.

6. In the event 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.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) 1 2023 SCC OnLine 1109 Signed By : ALOK SETH High Court of Calcutta 23 rd of April 2024 05:14:02 PM