Shabnam Khatun v. Union Of India
10.06.2022 Sl. No.5 akd [ALLOWED] C. R. M. (NDPS) 562 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.06.2022 in connection with NDPS Case No. N-76 of 2020 vide NCB Crime No.09/NCB/KOL/2020 under Sections 9(A)/25A/29 of the NDPS Act.
And In Re: Shabnam Khatun ... ... Petitioner Mr. Manab Kumar Gupta Mr. Tanmoy roy Ms. Moumita Gupta ... ... for the petitioner It is submitted on behalf of the petitioner that she stands on the same footing with co-accuseds who have been enlarged on bail by the Hon'ble Apex Court and this court.
Nobody appears on behalf of the Union of India. We have considered the materials on record. Keeping in mind the extent of complicity of the petitioner in the alleged crime and as coaccuseds have been enlarged on bail, we are inclined to extend the same privilege to the petitioner also.
Therefore, the accused/petitioner, namely Shabnam Khatun, be released on bail upon furnishing 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 the NDPS Act, 1985, Barasat, North 24-Parganas subject to condition that the said petitioner 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.
In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)