← Library
Calcutta High CourtCRM (NDPS)/1080/2023allowed

Nemai Halder @ Nirmal Halder @ Bhola v. State Of West Bengal

2023-06-01Hon'Ble Justice Tirthankar Ghosh,Hon'Ble Justice Supratim Bhattacharya2 pages

01.06.2023.

12.

Ct.No.08 as/TN (Allowed) C.R.M. (NDPS) 1080 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.05 of 2019 arising out of Arambagh P. S. Case No.107 of 2019 dated 17.03.2019 under Sections 20(b)(ii)(c) of the NDPS Act. In the matter of : Nemai Halder @ Nirmal Halder @ Bhola. .... Petitioner.

Mr. Arunava Ganguly.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...for the State.

Learned Advocate appearing for the petitioner submits that one of the co-accused is on bail vide order dated April 19, 2023 in CRM (NDPS) 806 of 2023 passed by a Co-ordinate Bench of this Hon'ble Court. He further submits that this petitioner stands on the same footing. As such, he prays for bail.

Learned Additional Public Prosecutor opposes the prayer for bail.

On going through the record, we find that the coaccused has been granted bail by a Co-ordinate Bench of this Hon'ble Court.

Considering the aforesaid fact, petitioner is granted bail on the same terms and conditions as have been set out in CRM (NDPS) 806 of 2023.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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-cumlearned Additional Sessions Judge, Chinsurah, 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 or further condition that the petitioner, while on bail, shall not leave the jurisdiction of the district of Nadia except for the purpose of attending court proceedings and shall report to the Officer-incharge, Nakashipara 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 being CRM (NDPS) 1080 of 2023 is allowed.

(Supratim Bhattacharya, J.) (Tirthankar Ghosh, J.)