Hiren @ Hiram Halder v. State Of West Bengal
3.9.2025 sb Ct.29 Allowed CRM (NDPS) No. 995 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to section 483 of the BNSS Act, 2023 filed in connection with N Case No. 12 of 2025 arising out of Ghola Police Station case no. 194 of 2025 dated 25.5.2025 under Sections 20(b)(ii)(B)/29 of the N.D.P.S. Act, 1985. And In the matter of : Hiren @ Hiram Halder & Ors. ... petitioners.
Mr. Shibaji Kumar Das Mr. Aniket Kanrar ...for the petitioners Ms. Anasuya Sinha, Ld. APP Mr. Subham Bhakat ...for the State Prosecution case is that 10.826 kgs. of ganja was recovered from four accused persons including, the present three petitioners. Learned counsel for the petitioners submits that the petitioners are in custody for about 101 days and the investigation has already been ended into the charge-sheet and as such, they may be released on bail on any terms and conditions.
Having considered the submissions made on behalf of both the parties, it appears that the intermittent quantity of narcotic substance is involved in the present case and as such, the rigour of Section 37 of the NDPS Act does not attract in respect of the present three petitioners and the investigation has already been culminated into a charge-sheet and as such, I find that no fruitful purpose will be served by detaining the petitioners any further in the custody, and as such the prayer for bail made by the petitioners is allowed. Accordingly, petitioners namely, Hiren @ Hiram Halder, Suvendu @ Subhendu Halder and Biswajit Biswas shall be enlarged
on bail upon furnishing a bond of Rs. 20,000/- each with two registered sureties of Rs. 10,000/- each, one of whom must be local, subject to the satisfaction of learned Additional Chief Judicial Magistrate, Barrackpore and on condition that they will not leave the geographical limit of District-North 24 Parganas without taking permission from the Trial Court and also on condition that they 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 mobile 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 geographical limit of district of North 24 Parganas without taking leave from the court below and shall report to the O.C./I.C., Barrackpore Police Station once in a week until further order. The Court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this Court. Be it mentioned, that nothing said herein shall be construed as an expression of opinion on the merits of the case. The application for bail being CRM (NDPS) 995 of 2025 is, accordingly disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)