Prasanta Kar v. State Of West Bengal

05.07.2023.

42.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1115 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Golabari P.S. Case No.20 of dated 20.01.2020 under Sections 20(b)(ii)(C)/29 of the NDPS Act.

In the matter of : Prasanta Kar.

.... Petitioner.

Mr. Sanat Kr. Das, Mr. Santanu Das, Mr. Sujan Chatterjee.

...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee.

...for the State.

Petitioner is in custody for more than three years. There is inordinate delay in trial. Co-accused has been enlarged on bail. He prays for bail.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Co-accused has been enlarged on bail. Petitioner is entitled to similar relief. Accordingly, the petitioner viz. Joydeb Das 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, Howrah subject to condition that he 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.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)