Tajimuddin Sk @ Taju v. State Of West Bengal

01.05.2023 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 900 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.04.2023 in connection with Arambagh Police Station Case No.107 of 2019 dated 17.03.2019 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.05 of 2019) And In Re: Tajimuddin Sk. @ Taju ... ... Petitioner Md. Golam Nure Imrohi ... ... for the petitioner Mr. Sanjay Bardhan Ms. Baisakhi Chatterjee ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more than four years. It is further submitted there is inordinate delay in trial. Co-accused viz. Sajdar Biswas has been enlarged on bail. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Co-accused viz. Sajdar Biswas has been enlarged on bail. Hence, we are inclined to extend the same privilege to the petitioner also. Therefore, the accused/petitioner, namely Tajimuddin Sk. @ Taju, 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-cum-Additional Sessions Judge, Hooghly 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 and on further condition that the

petitioner, while on bail, shall not leave the jurisdiction of the district of Murshidabad except for the purpose of attending court proceedings and shall report to the Officer-in-charge, Jalangi Police Station once in a week until further orders.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)