Arun Ghosh v. The State Of West Bengal

23-08-2024 (ct. no.28) S. De (Allowed) CRM (NDPS) 1282 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Faridpur Police Station Case No. 71 of 2022 dated 25.07.2022 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs & Phychotropic Substances Act 1985. - A n d - In the matter of : Arun Ghosh.

.... Petitioner.

Mr. Asraf Mondal, Md. B. Israil, ... For the Petitioner. Mr. Antarikha Basu, Ms. Debadrita Mondal, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner prays for bail on the ground of parity citing an order dated February 23, 2024, passed by a Co-ordinate Bench in CRM (NDPS) 358 of 2024.

2. Learned advocate for the State, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner stands on the same footing as the petitioner in CRM (NDPS) 358 of 2024.

3. Hence, on the ground of parity, we allow this application for bail.

4. Accordingly, we direct that the petitioner, namely, Arun Ghosh shall be released on bail upon furnishing a bond of Rs. 25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court (under the NDPS Act), Asansol, Paschim Bardhaman and on further conditions that he shall not leave the Signed By :

SANDIP DE High Court of Calcutta 23 rd of August 2024 06:03:18 PM

jurisdiction of the concerned police station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders.

5. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

7. The application for bail is, accordingly, allowed.

8. We are told that only one out of ten witnesses has been examined.

9. The learned trial Court is directed to expedite the trial to the fullest extent possible and conclude the same at an early date. 10.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )