Iraq Sk And ANR. v. The State Of West Bengal

16-07-2024 (ct. no.28) S. De Allowed CRM (NDPS) 1111 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kanksa Police Station Case No. 23 of dated 18.01.2023 under Sections 21(c)/22(c)/25/27A/29/30 of the NDPS Act.

- A n d - In the matter of : Iraq Sk. & Anr.

.... Petitioners.

Mr. Navonil De, Sk. Samiul Haque, Ms. Salma S. Shah, Mr. S. Hossain, Mr. S. Sarkar, ... For the Petitioners.

Ms. Faria Hossain, Ms. Snigdha Saha, ... For the State.

The petitioners claim parity. They refer to an order dated July 3, 2024, passed by us in CRM (NDPS) No. 1024 of 2024. They say that they stand on the same footing as the co-accused person who was earlier granted bail.

Learned State advocate, in her usual fairness, does not dispute the aforesaid submission of the petitioners. Hence, on the ground of parity, we allow this application for bail.

Accordingly, we direct that the petitioners, namely, Iraq Sk. and Akhtar Sk. shall be released on bail upon furnishing a bond of Rs. 25,000/- each, 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, Asansol, Paschim Bardhaman and on further conditions that they shall not leave the jurisdiction of Signed By :

SANDIP DE High Court of Calcutta 16 th of July 2024 06:07:43 PM

the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioners 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 petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners' bail in accordance with law without further reference to this court.

The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )