Raja Sk v. State Of West Bengal

08.08.2023 Sl. No.6 akd [ALLOWED] C. R. M. (NDPS) 1282 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.07.2023 in connection with Baishnabnagar Police Station Case No. 155 of 2022 dated 18.02.2022 under Section 21(c) of the NDPS Act read with Section 27(a) of the Drugs & Cosmetics Act. And In Re: Raja Sk.

... Petitioner Mr. Kazi M. Rahaman ... for the petitioner Mr. Sanjay Bardhan Mr. Saryati Datta ... for the State It is submitted on behalf of the petitioner that he is in custody for about one year and six months. It is further submitted there is delay in trial. Co-accused viz. Kinkar Sarkar @ Maju has been enlarged on bail by the Hon'ble Apex Court. Accordingly, he prays for bail on parity. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Petitioner is in custody for about 11⁄2 years. Bail prayer of co-accused on the ground of delay has been allowed by the Hon'ble Apex Court in Criminal Appeal No.2263 of 2023. On this score, petitioner stands on the same footing with the said co-accused and is entitled to the same relief. Therefore, the accused/petitioner, namely Raja Sk.

, be released on bail upon furnishing bond of Rs.

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 any 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)