Md Juned v. State Of West Bengal

08-01-2025 CRM (NDPS) 1641 of 2024 (ct. no.29) S. De (Allowed) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Dalkhola Police Station Case No. 151 of 2022 dated 14.05.2022 under Section 21(C)/29 of the Narcotic Drugs & Phychotropic Substances Act 1985.

- A n d - In the matter of : Md. Juned.

.... Petitioner.

Mr. Susnigdha Bhattacharyya, ... For the Petitioner.

Ms. Subhasree Patel, Mr. Soumadip Saha, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated December 16, 2024, passed by this Bench in CRM (NDPS) 1588 of 2024, whereby a co-accused person by the name of Md. Sanjar Alam was enlarged on bail. The petitioner says that he is similarly circumstanced as Md. Sanjar Alam.

2. Learned State counsel, while opposing the bail prayer, in her usual fairness, does not dispute that the petitioner herein stands on the same footing as the aforesaid Md. Sanjar Alam.

3. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

4. Accordingly, we direct that the petitioner, namely, Md. Juned shall be released on bail upon furnishing a bond of Rs. 25,000/ (Rupees Twenty Five Thousand), 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), Signed By :

SANDIP DE High Court of Calcutta 9 th of January 2025 11:52:19 AM

Raigunj, Uttar Dinajpur. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station and shall report to the Officer-in-Charge/Inspector-in-Charge of the said Police Station once in a week, until further orders.

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 :

SANDIP DE High Court of Calcutta 9 th of January 2025 11:52:19 AM