Jiban Mal v. State Of West Bengal
03.07.2025 Item no.60 Ct. No. 29 BD.
C.R.M. (NDPS) 575 of 2025 In Re:- An application for bail under section 439 of the Code of Criminal Procedure 1973, corresponding under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Howrah GRPS No. 26 of 2025 dated 13/02/2025 under sections 20(b)(ii) of the NDPS Act, 1985.
In the matter of : Jiban Mal .... Petitioner. Mr. Palash Bapari ...for the Petitioner. Mr. Madhusudan Sur Mr. Karan Bapuli ...for the State. Petitioner submits that she is an aged lady and she is in custody for about 142 days.
Learned counsel appearing for the petitioner further submits that 6.64 Kgs. of ganja was allegedly recovered from the possession of the present petitioner. However investigation has already been ended into a charge-sheet and as such, she may be released on bail on any terms and conditions.
Mr. Sur, learned counsel for the State though opposed the bail prayer but in his usual fairness, he submits that intermittent quantity of narcotic substance is involved in the present case and charge-sheet submitted on 11th April, 2025 but charge has not yet been framed.
Having heard learned counsel appearing on behalf of both the parties and that intermittent quantity of
narcotic substance involved in the present case and the prosecution proposes to examine eleven witnesses and that the trial has not yet started, I find that further detention of the present petitioner will not yield any fruitful result and as such, the prayer for bail is allowed. Accordingly, the petitioner namely, Jiban Mal, shall find bail of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Howrah, and also on condition that the petitioner shall not leave the geographical limit of District Howrah, without the leave of the trial court, and shall report to the Officer-in-Charge, Howrah GRPS, District -Howrah, once in a fortnight at her convenient time in between sunrise and sunset until further order.
It is further ordered that the accused person shall not mis-use the liberty granted by this Court and she shall not tamper with any evidence orally or documentary during the trial. She shall not absent herself on any day during trial and shall not commit any offence while on bail. She shall give her cell phone number to the local police station and shall not change it without prior permission of the trial court and she shall not in any manner try to delay the trial. The petitioner shall not leave the jurisdiction of the trial court without taking leave from the Court below. In case of violation of
any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court.
Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merits of the case by this Court.
Accordingly, C.R.M. (NDPS) 575 of 2025 is disposed of.
Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)