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Calcutta High CourtCRM (NDPS)/1433/2024allowed

Rafik Sk. @ Md. Rafik Sk. v. State Of West Bengal

2024-09-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

13.9.2024 Ct. No. 6 SL No. 36 SB C.R.M. (NDPS) 1433 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 English Bazar P.S. Case No. 1286 of 2021 dated 23.9.2021 under Sections 489B /489C of the Indian Penal Code and Sections 21(c)/29 of the N.D.P.S. Act.

And In the matter of: Rafik Sk. @Md. Rafik Sk.

Mr. Arup Kumar Bhowmick ... for the petitioner Mr. Anasuya Sinha Ms. Sana Naaz ...for the State

1. Heard the learned advocates for the parties.

2. We have considered the materials on record. No counterfeit note was recovered from the petitioner.

3. In view of the aforesaid fact, further detention is not necessary but his movement requires to be restricted in order to ensure his attendance during trial.

4. 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 Additional District Judge, 4th Court, Special 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. While on bail petitioner shall remain within the jurisdiction of Kaliachak Police Station and shall report to the Officer-in-charge, Kaliachak Police Station once in a week until further orders.

Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 18 th of September 2024 03:48:17 PM

5. 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.

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

SAURABH BANDYOPADHYAY High Court of Calcutta 18 th of September 2024 03:48:17 PM