Ataur Rahaman v. State Of West Bengal

16.11.2023 sdas allowed CRM(NDPS) No. 1735 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 756 of 2021 dated 25.10.2021 under Sections 21( c) of the NDPS Act.

And In Re : Ataur Rahaman ...... petitioner Mr. Tapodip Gupta ....for the petitioner Mr. Saryati Datta ..... for the State 1.

Learned Counsel for the petitioner submits he is in custody for more than two years. It is also submitted there is little progress in the trial since rejection of bail in June, 2023.

2. Learned Counsel for the State opposes the prayer for bail and submits charge has been framed and date has been fixed for recording evidence.

3. We have considered the materials on record. Though on merits bail prayer of the petitioner was rejected earlier, we note he is in custody for more than two years. Only charge has been framed and prosecution proposes to examine fourteen witnesses. There is no possibility of conclusion of trial in the near future. Petitioner has been able to make out a case of breach of his fundamental right to speedy trial and is entitled to bail on this score alone.

4. Accordingly, we direct that the petitioner 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 Judge, Special Court under NDPS Act, Berhampore, Murshidabad, subject to the conditions that 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.

5. In the event petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)