Tayab Ansary @ Taiyab Ansari v. State Of West Bengal
01.05.2024 Sl. No.27 akd [ALLOWED] C. R. M. (NDPS) 748 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.04.2024 in connection with Para Police Station Case No.96 of 2023 dated 21.11.2023 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.11 of 2023) And In Re: Tayab Ansary @ Taiyab Ansari ... ... Petitioner Mr. Jayanta Narayan Chatterjee Ms. Jayashree Patra ... ... for the petitioner Ms. Amita Gaur Mr. Bidyut Roy ... ... for the State
1. It is submitted on behalf of the petitioner that he is in custody for about 114 days. It is further submitted no narcotics was recovered from his possession. Accordingly, he prays for bail.
2. Learned Advocate for the State opposes the prayer for bail and submits petitioner has criminal antecedents.
3. We have considered the materials on record. No narcotics was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Hence, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and may be released on bail.
4. Therefore, the accused/petitioner, namely Tayab Ansary @ Taiyab Ansari, 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 Chief Judicial Magistrate, Purulia subject to condition that the said petitioner shall appear before the trial court on every date of hearing Signed By :
ARUP KUMAR DAS High Court of Calcutta 2 nd of May 2024 06:17:25 PM
until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.
5. 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.
6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
ARUP KUMAR DAS High Court of Calcutta 2 nd of May 2024 06:17:25 PM