Calcutta High CourtCRM (NDPS)/862/2024allowed

Sk. Sahil v. The State Of West Bengal

2024-06-12Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

12.06.2024 Item no. 60.

Court No.28.

AB (Allowed) CRM (NDPS) 862 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bidhannagar (South) PS Case No.3 of 2022 dated 5.1.2022 under Sections 21C/29 of the NDPS Act And In the matter of : Sk. Sahil ......Petitioner.

Mr. Soujanya Bandopadhyay ......for the Petitioner. Mr. Sekhar Barman ......for the State.

The petitioner prays for bail. He claims parity with Sk. Sajid @ Altab, a co-accused, who was granted bail by a Coordinate Bench by an order dated April 22, 2024, passed in CRM (NDPS) 593 of 2024. That order granting bail was passed primarily on the ground of delay in the trial. Learned Counsel for the State opposes the prayer for bail.

We see that the present petitioner stands on exactly the same footing as Sk. Sajid @ Altab. Therefore, this application is allowed.

Accordingly, we direct that the petitioner, namely Sk. Sahil shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 13 th of June 2024 10:31:34 AM

Court under the NDPS Act at Barasat, and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)