Motiur Mondal @ Matiur Mandal v. State Of West Bengal

06.11.2025 M/L Sl. No. 75 Court No.35 Rohan (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 724 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kumarganj Police Station Case No. 294 of 2024 dated 19.10.2024 for the offences punishable under Sections 21(C)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of: Motiur Mondal @ Matiur Mandal

...Petitioner

Mr. Biswajit Manna.

...for the Petitioner Mr. Madhusudan Sur, Ld. APP.

...for the State

1. Learned advocate appearing on behalf of the petitioner submits that the petitioner surrendered on 14th January, 2025 after his anticipatory bail in CRM (A) 3998 of 2024 was dismissed. Learned advocate further submits that charge-sheet has been submitted and charge has also been framed. As such, on any stringent condition, the petitioner may be released on bail.

2. Learned advocate for the State on the other hand opposes the prayer for bail and submits that 298 bottles of Phensedyl have been recovered from the house of the petitioner. It has also been contended that dates have already been fixed for evidence, as such, if the petitioner is released, the trial would be jeopardized.

3. Be that as it may, the petitioner is in custody for nearly 10 (ten) months. 13 witnesses have been proposed by the prosecution to be examined.

4. Having considered that there is no scope for trial of the case to be completed in the near future, I am of the view that the petitioner be released on bail.

5. As such, the prayer for bail of the petitioner, namely, Motiur Mondal @ Matiur Mandal is allowed.

6. Accordingly, the petitioner shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Special Court under the NDPS Act at Balurghat, Dakshin Dinajpur.

7. If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date. Petitioner shall not leave the jurisdiction of Kumarganj Police Station without prior permission of the learned Special Court.

8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. Accordingly, CRM (NDPS) 724 of 2025 is allowed.

10. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court.

11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)