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Calcutta High CourtCRM (NDPS)/1212/2022allowed

Pendula Roy @ Ganesh v. State Of West Bengal

2022-10-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Supratim Bhattacharya2 pages

13.10.2022.

Ct.No.28.

As/dg (Allowed) C.R.M. (NDPS) 1212 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.29 of 2016 arising out of Gangarampur P. S. Case No.586 of 2016 dated 24.11.2016 under Sections 20/25/27A of the N.D.P.S. Act.

In the matter of : Pendula Roy @ Gannesh.

.... Petitioner.

Mr. Bitasok Banerjee.

...for the Petitioner.

Mr. Suman De.

...for the State.

Petitioner is in custody for 124 days. He submits coaccused has been enlarged on bail. Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Investigation is complete. Co-accused who is similarly circumstanced with the petitioner has been enlarged on bail.

Under such circumstances, we are inclined to grant bail to the petitioner.

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 Court under N.D.P.S. Act, Dakshin Dinajpur at Balurghat subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever and on further condition petitioner while on bail shall remain within the jurisdiction of Gangarampur Police Station except for the purposes of investigation and/or attending court proceeding and report to the Officer-in-charge of Gangarampur Police Station once in a week until further orders.

In the event the petitioner fails to appear before the Trial Court 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.

This application for bail is, thus, disposed of. (Supratim Bhattacharya,J.) (Joymalya Bagchi, J.)