Sahanur Ali v. State Of West Bengal

07-10-2024 (ct. no.28) KOLE Allowed CRM (NDPS) 1607 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Sankrail Police Station Case No. 1527 of 2021 dated 24.12.2021 under Sections 20(b)(ii)(c)/25/27A/28/29 of the NDPS Act. - A n d - In the matter of : Sahanur Ali .... Petitioner.

Mr. Toslim Ali, .... For the petitioner.

Mrs. Faria Hossain, Mrs. B. Chatterjee, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioner claims parity citing an order dated October 5, 2024, passed in CRM (NDPS) 1541 of 2024, whereby the coaccused person, namely Krishna Chandra Jena @ Kalo was enlarged on bail on the ground of delay. The petitioner says that he stands on the same footing.

2.

Learned State Advocate, while opposing the bail prayer, in her usual fairness does not dispute that this petitioner is similarly circumstanced as the said Krishna Chandra Jena @ Kalo. 3.

Hence, we are inclined to enlarge the petitioner on bail on the ground of parity.

4.

Accordingly, we direct that the petitioner, namely, Sahanur Ali, 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 Chief Judicial Magistrate, Howrah subject to condition that he shall appear before Signed By :

ABHIJIT KOLE High Court of Calcutta 7 th of October 2024 05:53:50 PM

the trial court on each and 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 and on further condition that the petitioner shall remain within the jurisdiction of Sankrail Police Station and shall report to the Officer-in-Charge of the said police station once in a week, until further orders. Further, the petitioner shall, through his learned advocate, inform the learned trial Court and the Officer-in-Charge of Sankrail Police Station his current local address where he shall be residing while on bail.

5.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

6.

The application for bail is, accordingly, allowed. 7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 7 th of October 2024 05:53:50 PM