Avinash Kumar And ANR. v. The State Of West Bengal

31.7.2024 Ct. No. 6 SL No. 29 S.De/Tanmoy C.R.M. (NDPS) 1168 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Howrah G.R.P.S. Case No.98 of 2023 dated 30.8.2023 under Sections 21(b)/ 29 of NDPS Act. And In the matter of: Avinash Kumar & Anr.

Mr. Joy Chakraborty Mr. Sandip Dinda ...for the Petitioners Mr. Sujan Chatterjee ....for the State

1. Petitioners are in custody for about 300 days. Co-accused had been enlarged on bail. Petitioners stand on the same footing with the said co-accused who are on bail.

2. Accordingly, we are inclined to extend the same privilege to the petitioners.

3. Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Howrah, subject to the condition that the petitioners 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 petitioners fail to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their 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 :

SANDIP DE High Court of Calcutta 2 nd of August 2024 05:31:35 PM