Kabita Bar And ORS. v. State Of West Bengal
12.08.2025 Item no.33 Ct. No. 29 BD.
(ALLOWED) C.R.M. (NDPS) 986 of 2025 In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with N Case No. 13 of 2025 corresponding to T.R. Case No. 13 of 2025 arising out of Narayanpur Police Station Case No. 136 of 2025 dated 13/06/2025 under sections 20(b)(ii)/29 of the NDPS Act, 1985.
In the matter of : Kabita Bar & Ors. .... Petitioners. Mr. Navnil De Mr. Srijan Ghosh ... for the petitioners. Mr. Rana Mukherjee Mr. Dattatreya Dutta ... for the State. Prosecution case is that 8.19 Kgs. of ganja was recovered from the joint possession of the present three petitioners and they are in custody for about sixty one days. Accordingly petitioners pray for bail on any terms and conditions as the alleged recovery of contraband substance is much less than the commercial quantity. Mr. Mukherjee, learned counsel appearing on behalf of the State opposed the bail prayer. However, in his usual fairness he leaves the prayer to the discretion of the court considering the fact that intermittent quantity of contraband was recovered from the possession of the present petitioners.
Having heard the submissions made on behalf of the petitioners and the State that intermittent quantity of contraband substance was recovered from the possession of the present petitioners and that
investigation in respect of the present petitioners have advanced to a considerable extent and therefore, I find that further detention may not be required in the interest of investigation.
In view of the above, the bail prayer made by the petitioners is allowed.
Accordingly, the petitioners namely, (1) Kabita Bar (2) Gita Bhagchi @ Sunita, (3) Champa Ojha @ Champa Rani Ojha. shall find bail of Rs. 20,000/- each with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Additional Chief Judicial Magistrate, Barrackpore, District- North 24 Parganas, and also on condition that the petitioners shall not leave the geographical limit of District- North 24 Parganas, without the leave of the trial court.
It is further ordered that the accused persons shall not mis-use the liberty granted by this Court and they shall not tamper with any evidence orally or documentary during the trial. They shall not absent themselves on any day during trial and shall not commit any offence while on bail. They shall give their cell phone numbers to the local police station and shall not change it without prior permission of the trial court and they shall not in any manner try to delay the trial. The petitioners shall not leave the jurisdiction of the trial
court without taking leave from the Court below. In case of violation of any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court.
Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merits of the case by this Court.
Accordingly, C.R.M. (NDPS) 986 of 2025 is disposed of.
Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)