Yusuf Baidya @ Yousuf Baidya @ Bhola v. The State Of West Bengal

17.

25-06-2024 (ct. no.28) debajyoti (allowed) CRM (NDPS) 961 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kulpi Police Station Case No.304 of 2021 dated 01-10-2021 under Sections 20(b)(ii)(c)/21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Yusuf Baidya @ Yousuf Baidya @ Bhola .... Petitioner.

Mr. Soumya Nag, Mr. Aditya Tiwari, Ms. Namrata Chatterjee ... For the Petitioner.

Mr. Shiladitya Banerjee, Mr. Debarshi Brahma ... For the State.

The petitioner is one of the three accused persons from whom there was alleged recovery of commercial quantity of contraband items. Two co-accused persons have been granted bail by orders dated April 23, 2024 passed in CRM (NDPS) 685 of 2024 and dated June 12, 2024 passed in CRM (NDPS) 853 of 2024. We find that the petitioner stands on the same footing as the other two persons who have been enlarged on bail. Hence, he can claim parity. Accordingly, we direct that the petitioner, namely, Yusuf Baidya @ Yousuf Baidya @ Bhola, shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Judge, Special Court under NDPS Act, 12th Court, Alipore-cumAdditional District Judge, 12th Court, Alipore, South 24Parganas. 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 in any manner whatsoever. The petitioner shall remain within the Signed By :

DEBAJYOTI DAS High Court of Calcutta 25 th of June 2024 07:25:54 PM

jurisdiction of the local police station and shall report to the Officer-in-Charge of the said police station once every fortnight, until further orders.

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

The application for bail being CRM (NDPS) 961 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 25 th of June 2024 07:25:54 PM