Md. Anarul Islam v. The State Of West Bengal

23-08-2024 (ct. no.28) S. De (Allowed) CRM (NDPS) 1289 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. of dated 19.11.2022 under Sections 379/411/413/414 of the Indian Penal Code and Sections 21(c)/27A/29 of the Narcotic Drugs & Phychotropic Substances Act 1985.

- A n d - In the matter of : Md. Anarul Islam.

.... Petitioner.

Mr. Wasim Akram, ... For the Petitioner. Mr. Soumik Ganguly, Mr. Bikram Mitra, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner prays for bail on the ground of parity citing an order dated December 19, 2023, passed by a co-ordinate Bench in CRM (NDPS) 1981 of 2023.

2. Learned advocate for the State, while opposing the prayer for bail, does not dispute that this petitioner is similarly circumstanced as Sahjahan @ Sajahan Ali who was granted bail by a co-ordinate Bench as referred to above.

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

4. Accordingly, we direct that the petitioner, namely, Md. Anarul Islam 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), Malda and on further conditions that he shall not leave the jurisdiction of the Signed By :

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

concerned police station and shall report to the Officer-inCharge 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. 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. )