Kartick Dey v. State Of West Bengal

10.10.2023 Sl. No.13 akd [ALLOWED] C. R. M. (NDPS) 1654 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.10.2023 in connection with Asansol North Police Station Case No.25 of 2021 dated 24.01.2021 under Sections 22(b)(c)/25/29 of the NDPS Act. (NDPS Case No. 02 of 2021) And In Re: Kartick Dey ... ... Petitioner Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Mr. Rajashree Tah Ms. Aisharya Datta Mr. Ashadeep Karmakar ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about two years and eight months. It is further submitted there is inordinate delay in trial. Co-accused has been enlarged on bail. Accordingly, he prays for bail.

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

3. We have considered the materials on record. Co-accused has been enlarged on bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

4. Therefore, the accused/petitioner, namely Kartick Dey, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), 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-cum-Additional Sessions Judge, 3rd Court, Asansol subject to condition that the said petitioner 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.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)