Md Atier Hossain @ Md Atier Rahaman v. State Of West Bengal

09.10.2025 SL No.31 Court No.7 S.Gayen/ Rohan

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 1005 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rejinagar Police Station Case No. 11 of 2022 dated 16.01.2022 under sections 20(b)(ii)(c)/29 of the NDPS Act, 1985;

-AndIn the matter of: Md. Atier Hossain @ Md. Atier Rahaman

...Petitioner

Ms. Shabana Hasin.

...for the Petitioner Ms. Subhashree Patel.

...for the State

1. Learned counsel for the petitioner and the learned counsel for the opposite party/State are present.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner submits that there was no recovery from his possession and he has been implicated on the basis of the statements of the co-accused persons.

4. The learned counsel for the opposite party/State submits that the conduct of the petitioner does not entitle him to get a bail as he was absconding for a long period.

5. Upon hearing the learned counsel for the parties and considering the facts of the case, this Court is of the view that as the petitioner has been able to meet the rigours of Section 37 of the

NDPS Act and considering his period of detention, the petitioner should be released on bail.

6. Accordingly, the application for bail is, thus, allowed.

7. The petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampore, Murshidabad. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court. The petitioner shall meet the Officer-in-Charge of the concerned Police Station once in a week, until further orders.

8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. Thus, the application for bail being C.R.M. (NDPS) 1005 of 2025 stands disposed of.

(Biswaroop Chowdhury, J.)