Manoj Show @ Manoj Shaw v. The State Of West Bengal

05.8.2024 Ct. No. 6 SL No. 43 SB C.R.M. (NDPS) 1221 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hastings Police Station Case No. 144 of 2022 dated 15.11.2022 under Sections 20(b)(ii)(c)/29 of the N.D.P.S. Act.

And In the matter of: Manoj Show @ Manoj Shaw Mr. Joy Chakraborty Mr. Sandip Dinda Mr. Ranjit Malakar ... for the petitioner Mr. Arindam Sen Md. Sayeed Khan ....for the State

1. Heard the learned lawyers for both the parties.

2. Petitioner is in custody for one year and nine months.

3. We have considered the materials on record. On earlier schedules prosecution has failed to bring witnesses to the box. This shows laxity on the part of the prosecution to conduct trial.

4. Under such circumstances, we are of the view petitioner has been able to make out a case for bail on the ground of inordinate delay in trial. Hence, we are inclined to grant bail to the petitioner.

5. Accordingly, the petitioner shall 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 Judge, Bench - I, NDPS Act, City Sessions Court, Calcutta subject to the condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 7 th of August 2024 04:12:35 PM

6. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 7 th of August 2024 04:12:35 PM