Mahidul Islam @Mahidul Sk v. State Of West Bengal And ORS.

07.12.2021 tkm/ct 28 C.R.M. 8015 of 2021 sl no. 91 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No. 368 of 2020 dated 16.12.2020 under section 21(c)/29 of the NDPS Act, And In Re : Mahidul Islam @ Mahidul Sk ........ petitioner Mr. P Majumder ...... for the petitioner Mr. S Bapuli ...... for the State Having considered the materials in the case diary disclosing prima facie involvement of the petitioner in the alleged possession of 265 gms. of heroin we are of the opinion that petitioner does not stand on the same footing with co-accuseds who have been released on bail as no narcotic was recovered from their possession. Hence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. Trial court is directed to expedite the trial and conclude the same as expeditiously as possible without granting adjournments to either of the parties.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)