Sujit Pramanick v. The State Of West Bengal

15.

08.10.2024 Court No.28 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1468 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Hogalberia Police Station Case No. 96/2023 dated 01.05.2023 under Sections 353/486/188/189 of the Indian Penal Code, 1860 read with Sections 21/21/23/29 of the NDPS Act & Section 14(A) of the Foreigners Act.

And In the matter of: - Sujit Pramanick ...petitioner.

Mr. Sumanta Das Mr. Avilash Tripathi ...for the petitioner.

Mr. Madhusudan Sur, APP Mr. Ronit Mukherjee ...for State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated November 28, 2023, passed in CRM (NDPS) 1579 of 2023, whereby a co-accused person was enlarged on bail. He says that he stands on the same footing as that person. He prays for bail.

2. While opposing the prayer for bail learned Additional Public Prosecutor, in her usual fairness, does not dispute that this petitioner and the co-accused person, who has been enlarged on bail, as mentioned above, are similarly circumstanced.

3. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

4. Accordingly, we direct that the petitioner, namely, Sujit Pramanick shall be released on bail upon furnishing a bond Signed By :

TANMOY GHOSH High Court of Calcutta 8 th of October 2024 03:20:42 PM

of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnagar, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioners, while on bail, shall remain within the territorial jurisdiction of Hogalberia Police Station except for the purpose of attending Court proceeding and shall report to the Officer-in-Charge/Inspector-in-Charge of the said Police Station once in every week, until further orders.

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail being CRM (NDPS) 1468 of 2024 is accordingly disposed of.

7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 8 th of October 2024 03:20:42 PM