Mitul Mondal @ Mithul Mondal v. State Of West Bengal

10.12.2021 sdas allowed CRM 6505 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 234 of 2019 dated 05.12.2019 under Sections 21(c )/20(b)(ii)A/29 of the NDPS Act.

And In Re : Mitul Mondal @ Mithul Mondal ..... petitioner Mr. Jisan Iqubal Hossain .....for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ..... for the State Learned Counsel appearing for the petitioner submits that he is in custody for 96 days. No recovery is effected from the possession of the petitioner. Co-accused persons, similarly circumstanced with the petitioner, have been enlarged on bail by this Court.

Under such circumstances, we are inclined to extend the same privilege to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Nadia at Krishnagar, subject to the condition that he shall remain within the jurisdiction of the police station concerned and shall report to the Officer-in-Charge of the said 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 in any manner whatsoever. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)