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Calcutta High CourtCRM (NDPS)/1144/2024allowed

Laltu Roy v. The State Of West Bengal

2024-07-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

29.

24-07-2024 (ct. no.28) debajyoti (allowed) CRM (NDPS) 1144 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure (Corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita) in connection with Bizpur Police Station Case No.42 of 2022 dated 2501-2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Laltu Roy .... Petitioner.

Mr. Santanu Deb Roy ... For the Petitioner.

Mr. Rana Mukherjee, learned APP, Mr. Kausik Biswas ... For the State.

Dictated by Arijit Banerjee, J.

The petitioner claims parity. He refers to orders dated April 18, 2024 and May 30, 2024 whereby other accused persons have been enlarged on bail. He says that he stands on the same footing.

Learned Additional Public Prosecutor, while opposing the prayer for bail, does not, in his usual fairness, dispute that the present petitioner is similarly circumstanced as the other accused persons who have been enlarged on bail. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

Accordingly, we direct that the petitioner, namely, Laltu Roy, shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Judge, Special Court under NDPS Act, Barrackpore. The petitioner shall appear before the trial Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of July 2024 07:03:16 PM

Court on every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the local police station except for the purpose of attending the court proceedings and shall report to the Officer-in-Charge of the said police station once in a week, until further orders.

In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail being CRM (NDPS) 1144 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of July 2024 07:03:16 PM