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Calcutta High CourtCRM/8616/2021rejected

Debdas Basak @ Bappa v. State Of West Bengal

2021-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak4 pages

21.12.2021 sdas rejected C.R.M. 8616 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 324 of 2020 dated 13.09.2020 under Sections 21(c )/27A of the NDPS Act.

And In Re : Debdas Basak @ Bappa ..... petitioner Ms. Aishwarya Bazaz ... for the petitioner Mr. Sanjoy Bardhan Mr. Nirupam Dhali ... for the State Learned Counsel appearing for the petitioner submits that petitioner is in custody for one year and three months. Petitioner prays for bail. It is further submitted there is irregularity in the arrest of the petitioner. Learned Counsel appearing for the State opposes prayer for bail.

Having considered the materials on record prima facie disclosing recovery of narcotic substance above commercial quantity from the petitioner and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)

C.R.M. 192 of 2018 In Re.: An application under Section 439 of the Code of Criminal Procedure filed on 05.01.2018 in connection with Karimpur Police Station Case No. 136 of 2012 dated 03.07.2012 under Sections 420/467/468/471/120B of the Indian Penal Code. And In Re : Rabish Kumar Upadhyay ..... petitioner Mr. Asraf Ali ... for the petitioner Mr. Debojyoti Deb ... for the State Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged crime of misappropriation of monies of the innocent depositors and the fact that the petitioner has absconded for a protracted period of time, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)