Rahul Sekh @ Samirul v. State Of West Bengal

02.08.2022 Sl. No.7 akd [ALLOWED] C. R. M. (NDPS) 867 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.07.2022 in connection with Bishnupur Police Station Case No. 41 of 2022 dated 12.04.2022 under Section 21(b) of the NDPS Act. (NDPS Case No.18 of 2022) And In Re: Rahul Sekh @ Samirul ... ... Petitioner Mr. Soumik Ganguli Ms. Chandana Chakraborty ... ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Pramanick ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 122 days. It is further submitted co-accused has been enlarged on bail.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Accusation relates to recovery of narcotic i.e. 8 gms. of Heroin, which is below commercial quantity from the petitioner and co-accused. Co-accused has been enlarged on bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also. Therefore, the accused/petitioner, namely Rahul Sekh @ Samirul, be released on bail upon furnishing 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 the NDPS Act, 1985, Bankura subject to condition that the said petitioner 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 or commit similar offences in future.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)