Hasibul Malithya @ Babu v. State Of West Bengal

07.12.2021 tkm/ct 28 C.R.M. 8013 of 2021 sl no. 90 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nowda P.S Case No. 167 of 2021 dated 18.7.2021 under Section 21(b)/29 of the NDPS Act And Allowed In Re : Hasibul Malithya @ Babu ..... petitioner Mr. A A Alamgir Ms. Riya Das Ms. R Khatoon ...... for the petitioner Mr. Sudip Ghosh Mr. A K Datta ...... for the State Petitioner is in custody for 141 days and it is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Quantity of narcotic recovered is intermediate and investigation is complete. Hence, we are inclined to grant bail to the petitioner. Accordingly, the petitioner 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 CJM, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM 8013 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)