Girish Kumar v. State Of West Bengal

02.08.2022 Sl. No.11 akd [ALLOWED] C. R. M. (NDPS) 871 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 Kulti Police Station Case No. 200 of 2022 dated 26.03.2022 under Section 20(b)(ii)(B) of the NDPS Act. (NDPS Case No.06 of 2022) And In Re: Girish Kumar ... Petitioner Mr. Bitasok Banerjee Mr. Apurba Kumar Datta ... for the petitioner Mr. Ranadeb Sengupta ... for the State Heard the learned advocate appearing for both the parties. Having considered the materials on record and bearing in mind the nature of allegations involving recovery of narcotic substance i.e. 5.2 kgs. of Ganja, which is below commercial quantity from the joint possession of the petitioner and co-accused and as co-accused viz.

Rahul Kumar has been enlarged on bail by this court, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Girish Kumar, 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 Additional Sessions Judge, 3rd Court, Asansol cum (Special Court) under the NDPS Act, 1985, 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.)