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Calcutta High CourtCRM/5245/2021rejected

Rafikul Sk@Dilip Sk v. State Of West Bengal

2021-12-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak3 pages

09.12.2021 sdas rejected C.R.M. 5245 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 1191 of 2020 dated 17.11.2020 under Section 20(c )/29 of the NDPS Act.

And In Re : Rafikul Sk. @ Dilip Sk. ..... petitioner Mr. Mrityunjoy Chatterjee ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... for the State Learned Counsel appearing for the petitioner submits that the petitioner is in custody for 388 days. Learned Counsel appearing for the State opposes prayer for bail.

Statements of witnesses including contemporaneous documents show recovery of 30 Kgs. of Ganja from the possession of the petitioner.

In view of the aforesaid fact and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)

C.R.M. 192 of 2018 In Re.: An application under Section 439 of the Code of Criminal Procedure filed on 05.01.2018 in connection with Karimpur Police Station Case No. 136 of 2012 dated 03.07.2012 under Sections 420/467/468/471/120B of the Indian Penal Code. And In Re : Rabish Kumar Upadhyay ..... petitioner Mr. Asraf Ali ... for the petitioner Mr. Debojyoti Deb ... for the State Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged crime of misappropriation of monies of the innocent depositors and the fact that the petitioner has absconded for a protracted period of time, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)