Subrata Halder @ Humu v. State Of West Bengal

24.11.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 7604 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nowda Police Station Case No. 165 of 2020 dated 13.11.2020 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Subrata Halder @ Humu ...... petitioner Mr. Tapodip Gupta .....for the petitioner Mr. Binoy Panda Ms. Puspita Saha Mr. Subham Bhakat ....for the State Petitioner seeks bail on the ground of parity with one coaccused, who was granted anticipatory bail by the Coordinate Bench and the other co-accused, who was granted bail by another Coordinate Bench.

Learned advocate appearing for the petitioner submits that, no contraband was recovered from the possession of the petitioner. The petitioner was sought to be falsely implicated on the basis of statement of a co-accused.

Learned advocate appearing for the State refers to the contents in the case diary.

Considering the materials in the case diary and considering the fact that no contraband was recovered from the possession of the petitioner, we are of the view that the petitioner is in a position to rebut the presumption under

Section 37 of the NDPS Act, 1985. Considering the fact that one co-accused was granted anticipatory bail and another coaccused was granted bail, we grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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, Berhampore, Murshidabad, subject to the condition that 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.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)