Md. Akbar @ Johny v. The State Of West Bengal

30.7.2024 Ct. No. 6 SL No. 43 SB / Tanmoy C.R.M. (NDPS) 1149 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kulti P.S. Case No. 423 of 2021 dated 23.8.2021 under Sections 20(b)(ii)(C)/ 29 of NDPS Act. And In the matter of: Md. Akbar @ Johny Sk. Salim ...for the Petitioner Mr. Saibal Bapuli Ms. Madhumita Basak ....for the State

1. Petitioner is in custody for two years and eleven months. On the score of delay co-accused have been enlarged on bail. Petitioner is entitled to similar relief.

2. Under such circumstances, we are inclined to grant bail to the petitioner.

3. Accordingly, 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, Asansol, Paschim Bardhaman subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

4. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

5. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 2 nd of August 2024 04:42:04 PM