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Calcutta High CourtCRM (NDPS)/1287/2025allowed

Sushanta Mondal @ Susanta Mondal v. State Of West Bengal

2025-12-17Hon'Ble Justice Tirthankar Ghosh3 pages

M/L627 17.12.2025 Bpg.

allowed C.R.M. (NDPS) 1287 of 2025 In Re: An application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raghunathganj Police Station Case No.572/2024 dated 30.05.2024 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act; Sushanta Mondal @ Susanta Mondal

Versus

The State of West Bengal Mr. Arnab Chatterjee Mr. Jishan Iqbal Hussain Ms. Ankusha Ghosh.

...for the petitioner.

Mr. Prasun Kr. Dutta Mr. Sobhan Gani.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 10 months and he has been implicated on the basis of statement of the co-accused who has been granted bail. The recovery is from the co-accused who is on bail. Earlier, the prayer for bail of the petitioner was rejected on the ground that he was arrested after one year from the date of the incident.

Learned advocate for the State opposes the prayer for bail and submits that 30 calls were found from the call data records and the period of check is for a month. It is submitted on behalf of the State that one of the accused person has been granted bail for nonsubmission of chemical examiners report and the other accused person being a juvenile has been released on bail. I have taken into account the series of facts placed on

behalf of the petitioner as also the State but I find that the present petitioner is better placed than the other accused who are enjoying the liberty of bail. The petitioner's role in the present case is that he has been implicated on the basis of statement of co-accused and there has been no recovery pursuant to his arrest or during the course of the investigation of the case.

In view of the aforesaid, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed. Petitioner, namely, Sushanta Mondal @ Susanta Mondal shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, Special Court under NDPS Act, Berhampore, Murshidabad. If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial court and shall not leave the jurisdiction of the district of Murshidabad without the prior permission of the learned special court.

Accordingly, CRM (NDPS) 1287 of 2025 is allowed. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)