Mithun Sk @ Nikhoj Ali @ Mithun Sk v. State Of West Bengal

C.R.M. (NDPS) 1102 of 2023 12.06.2023 Sl. 27 Court No. 29 sdas (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kandi Police Station Case No. 376 of 2021 dated 27.07.2021 under Sections 21(c )/29 of the NDPS Act.

And In the matter of: Mithun Sk. alias Nikhoj Ali alias Mithu Sk. ....petitioner.

Ms. Shabana Hasin ...for the petitioner.

Mr. Saryati Datta ...for the State.

1. Heard learned Counsel for the parties.

2. Kalu Sk. @ Ajarul Seikh, a co-accused has been released on bail by this Court vide order dated 31.01.2022 in CRM 8446 of 2021 and Saddam Mondal @ Saddam Hossain, a coaccused has been released on anticipatory bail vide order dated 22.03.2022 in CRM (A) 878 of 2022 by this Court.

3. It is fairly submitted that the aforesaid two co-accused persons are similarly circumstanced with the present petitioner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner and question of parity, it is directed that the petitioner shall be released on bail by the learned Judge, Special Court (NDPS Act) at Berhampore, Murshidabad, on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with NDPS Case No. 154 of 2021 arising out of Kandi Police Station Case No. 376 of 2021 dated 27.07.2021.

5. Accordingly, the prayer for bail is allowed.

6. The application being CRM (NDPS) 1102 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)