Rabiul Sk. @ Sk. Rabiul v. State Of West Bengal

18.12.2025 Serial no. 692 [G.S.D] CRM (NDPS) 1356 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 44 of 2025/PTN Case No. 637 of 2025 arising out of Manikchak PS Case No. 401 of 2025 dated 06.06.2025 u/s 21(c)/27(A)/29 of the NDPS Act. -AndIn the matter of : Rabiul Sk. @ Sk. Rabiul ... ... Petitioner(s) Mr. S. Das Mr. Sujan Chatterjee Mr. R. Bavishi ... for the Petitioner(s) Mr. Avishek Sinha Mr. Dipankar Paramanick ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been implicated only on the basis of statement of a co-accused and the subject-matter of the case relates to alleged recovery of 413 bottles of phensedyl from the other accused persons.

Learned advocate additionally submits that the petitioner is in custody for 150 days, as such, on any stringent condition, the petitioner may be enlarged on bail.

Learned advocate for the State opposes the prayer for bail but is unable to dislodge the claim of the petitioner regarding his implication restricted to the statement of a coaccused. Having considered the report submitted by the State, I am of the view that the rigours of Section 37 of the NDPS

Act is diluted in the present case, as such, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Rabiul Sk. @ Sk. Rabiul shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court-cum-Additional District Judge, 4th Court, Malda.

If on bail, the petitioner shall appear on each and every date of the trial so fixed by the learned trial court and shall not leave the district of Malda without prior permission of the learned trial court/special court.

Accordingly, CRM(NDPS) 1356 of 2025 is allowed. Pending application(s), if any, is also disposed of. Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)