Anikul Hoque @ Manik v. The State Of West Bengal

11-06-2024 (ct. no.28) KOLE CRM (NDPS) 868 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 185 of 2022 dated 04.06.2022 under Sections 21(c)/29 of the NDPS Act.

- A n d - In the matter of : Anikul Hoque @ Manik .... Petitioner.

Ms. Shabana Hasin, Ms. Samina Aktar, ... For the Petitioner.

Mr. Saryati Datta, Mr. Payel Ghosh, ... For the State.

The petitioner says that he is in custody for about two years. The trial is still continuing. Because of inordinate delay in conclusion of the trial, he should be enlarged on bail. Learned Advocate for the State says that a criminal revisional application had been filed by the petitioner being CRR No. 3195 of 2023. That application was disposed of by a learned Judge of this Court by an order dated August 29, 2023, whereby inter alia, the learned Trial Court was requested to expedite the trial. Learned Advocate says that 11 out of 18 witnesses have already been examined.

Therefore, trial has progressed considerably.

Considering the facts and circumstances of the case, we find that this is not a case where the trial has not progressed at all. There has been substantial progress. Hence, after considering the material on record, we are not inclined to enlarge the petitioner on

bail at this stage. We request the learned Trial Court to conclude the trial as soon as possible but definitely within a period of four months from the date of communication of this order to the learned Trial Judge excluding the official vacations. In the event the trial is not concluded within the aforesaid time period, the petitioner will be entitled to renew his prayer for bail.

CRM (NDPS) 868 of 2024 is, thus, disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )