Rafikul Sk @ Md Rafikul Sekh v. The State Of West Bengal

11.9.2024 Ct. No. 6 SL No. 34 SB C.R.M. (NDPS) 1342 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the B.N.S.S. Act 2023 in connection with Kaliachawk P.S. Case No. 466 of 2022 dated 08.5.2022under Sections 21(c) / 29 of the N.D.P.S. Act. And In the matter of: Rafikul Sk. @ Md. Rafikul Sekh Mr. Soubhik Mitter Ms. Benajir Hasna Ms. Puja Goswami Mr. Aliul Islam ... for the petitioner Mr. Rudradipta Nandy, Ld. APP Ms. Sanjana Saha ...for the State

1. Heard the learned advocates for the parties.

1. Petitioner is in custody for two years and four months. There is slow progress in trial.

2. Keeping in mind the aforesaid fact, we are of the opinion, petitioner is entitled to bail on the ground of infraction of fundamental right of the speedy trial under Article 21 of the Constitution of India. Bail prayer of the petitioner is not fettered by the restrictions under Section 37 of the N.D.P.S. Act.

3. 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, Special 3rd Court, Malda, 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 13 th of September 2024 05:08:43 PM

4. 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.

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

SAURABH BANDYOPADHYAY High Court of Calcutta 13 th of September 2024 05:08:43 PM