Ismail Hoque And ORS. v. State Of West Bengal

22.06.2026 Serial no. 95 [G.S.D] CRM (NDPS) 931 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 123 of 2025 arising out of Lalgola PS Case No. 649 of 2025 dated 18.07.2025 u/s 21(c)/29 of the NDPS Act. -AndIn the matter of : Ismail Hoque & Ors.

... ... Petitioner(s) Mr. Sekhar Kr. Basu, Sr. Adv.

Mr. Anisur Rahaman ... for the Petitioner(s) Mr. Anurag Sardar ... for the State-respondent(s) Mr. Basu, learned Senior Advocate, appearing for the petitioner submits that the alleged recovery in the present case is 837 gm of heroin from the house of the petitioner no.1 and petitioner nos. 2 and 3 have been also implicated. The petitioners are in custody for more than 11 months, charges have already been framed and three witnesses have been examined out of the 21 witnesses cited by the prosecution.

Learned advocate for the State opposes the prayer for bail and submits that commercial quantity of contraband has been recovered and all the three accused persons are thickly involved in the present case.

Learned Senior advocate appearing for the petitioners has additionally relied upon the evidence of the

seizure list witnesses: both the witnesses have been declared hostile by the prosecution.

Learned Senior advocate again submits that there are 18 more witnesses to be examined and the said witnesses belong to different department of the Government.

Having taken into account the overall circumstances and the fact that only three witnesses till date have been examined and the evidence of another 18 witnesses will consume substantial time, I am of the view that the petitioners may be released on bail.

Hence, the prayer for bail of the petitioners is Allowed.

Accordingly, the petitioners viz, Ismail Hoque, Abul Kalam Azad @ Bablu and Ainal Sk @ Babu shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court under NDPS Act, 2nd Court, Berhampore, Murshidabad.

If on bail, the petitioners shall also make themselves physically available on each and every date so fixed by the learned Special court/trial court and shall not leave the district of Murshidabad without prior permission of the learned Special Court/trial court.

Accordingly, CRM (NDPS) 931 of 2026 is allowed. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)