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Calcutta High CourtCRM (NDPS)/867/2023rejected

Ali Akbar Molla @ Mosaraf @ Meeher Ali v. State Of West Bengal

2023-04-26Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

26.04.2023 Sl. No.8 akd [Rejected] C. R. M. (NDPS) 867 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.04.2023 in connection with STF Kolkata Police Station Case No.40 of 2019 dated 07.11.2019 under Sections 22(c)/29 of the NDPS Act. (NDPS Case No.44 of 2019) And In Re: Ali Akbar Molla @ Mosaraf @ Meeher Ali ... ... Petitioner Mr. Shashanka Shekhar Saha ... ... for the petitioner Mr. Sanjay Bardhan Mr. Palash Chandra Majhi ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more than three years. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail and submits bail prayer of co-accused viz. Nong Yaimayun Riyajuddin was rejected in March, 2023.

We have considered the materials on record. Bail prayer of coaccused viz. Nong Yaimayun Riyajuddin was rejected in March, 2023. Petitioner stands on the same footing with the said co-accused. Under such circumstances, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

Trial court is directed to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate a copy of this order to the trial court for due compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)