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Calcutta High CourtCRM (NDPS)/1611/2023rejected

Rojina Khatun @ Rejina Khatun v. State Of West Bengal

2023-10-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

03.10.2023 Sl. No.15 akd [Rejected] C. R. M. (NDPS) 1611 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 26.09.2023 in connection with Ranitala Police Station Case No.171 of 2021 dated 05.05.2021 under Section 21(c) of the NDPS Act. (NDPS Case No.83 of 2021) And In Re: Rojina Khatun @ Rejina Khatun ... ... Petitioner Mr. Tapodip Gupta Mr. Suman Bhanja ... ... for the petitioner Mr. Antarikhya Basu ... ... for the State

1. It is submitted on behalf of the petitioner that she is in custody for about two years and five months. Accordingly, she prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits bail prayer of the petitioner was rejected in May, 2023.Trial court was directed to frame charge and conclude the trial at the earliest.

3. We are informed charge has been framed. Six witnesses have already been examined. Under such circumstances, we are of the opinion trial has considerably progressed and petitioner has not been able to make out a case of breach of her fundamental right to speedy trial. Accordingly, we are not inclined to grant bail to her.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)