Ujjal Garain @ Ujjwal Gorai v. State Of West Bengal

07.11.2024.

48.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1589 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No.21 of 2022 arising out of Andal P.S. Case No.314 of dated 25.08.2022 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of : Ujjal Garain @ Ujjwal Gorai. .... Petitioner.

Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit, Mr. Rajashree Tah, Ms. Aishwarya Datta, Ms. Bidisha Chakraborty.

...for the Petitioner.

Mr. Partha Pratim Das, Ms. Suparna Chatterjee.

...for the State.

1.

Petitioner is in custody for over two years. He submits there is inordinate delay in trial. Accordingly, he prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Petitioner is in custody for over two years. One witness has been examined in full and another witness has been partly examined. There is little possibility of trial concluding in the near future. 4.

Under such circumstances, we are of the opinion petitioner has been able to make out a case for bail on the ground of delay in trial. Bail prayer on the ground of delay in trial is not fettered by restrictions under Section 37 of the NDPS Act as held in Rabi Prakash Vs. State of Odisha1 5.

Hence, we are inclined to grant bail to the petitioner. 1 2023 SCC OnLine 1109 Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 04:48:47 PM

6. Accordingly, the petitioner viz., Ujjal Garain @ Ujjwal Gorai 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 the NDPS Act, Asansol, Paschim Bardhaman 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 or commit similar offences in future.

7. 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 in accordance with law without further reference to this Court.

8.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 04:48:47 PM