Protap Mandal @ Prathap Mondal v. State Of West Bengal

30.09.2022 sdas Allowed C.R.M. (NDPS) No. 1170 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 592 of 2016 dated 08.11.2016 under Sections 379/411 of the Indian Penal Code and Sections 21(c )/29 of the NDPS Act.

And In Re : Protap Mandal @ Prathap Mondal ...... petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas .....for the petitioner Mr. S. G. Mukherjee, learned PP Mr. Saryati Dutta Ms. Debjani Sahu ......for the State Learned Counsel appearing for the petitioner submits no recovery was made from his possession. He prays for bail. Learned Counsel appearing for the State opposes the prayer for bail and submits he had absconded for a protracted period of time.

We have considered materials on record. No narcotic substance was recovered from the possession of the petitioner. In view of extent of complicity of the petitioner in the crime we are of the opinion that the petitioner may be granted bail, however, subject to strict conditions.

Accordingly we direct that 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 Court under NDPS

Act, Murshidabad, subject to condition that 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 and on further conditions that while on bail petitioner shall remain with the jurisdiction of Raninagar Police Station and shall provide the address where he shall presently reside to the investigating agency and court below and shall report to the officer-in-charge of the concerned police station within whose jurisdiction he shall presently reside once in a week until further orders. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)