Md Moklesur Sk v. State Of West Bengal

02.05.2023 Sl. No.16 akd [ALLOWED] C. R. M. (NDPS) 912 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 26.04.2023 in connection with Special Task Force (STF) Police Station Case No.13 of 2019 dated 03.04.2019 under Sections 15(c)/29 of the NDPS Act. (NDPS Case No.13 of 2019) And In Re: Md. Moklesur Sk.

... ... Petitioner Mr. Joy Chakraborty Mr. Sandeep Dinda Ms. Ipsita Ghosh ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... ... 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 have 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 have been enlarged on bail. Hence, we are inclined to extend the same privilege to the petitioner also.

Therefore, the accused/petitioner, namely Md. Moklesur Sk., 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, Bench-I, City Sessions Court, Calcutta 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 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.)