Rafikul Mondal v. State Of West Bengal

12.12.2025 Court No.35.

D/L. 23.

Rakib (Allowed) CRM (NDPS) 1527 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Airport Police Station case no. 173 of 2023 dated 10.08.2023 under Sections 21(c)/25/28/29 of the Narcotics Drugs and Psychotropic Substances Act.

And In the matter of : Rafikul Mondal.

......Petitioner.

Mr. Navanil De Mr. Srinjan Ghosh ......for the Petitioner.

Mr. Iqbal Kabir Ms. Kanchan Roy ......for the State.

Report submitted by the State be kept with the record. Learned advocate appearing for the petitioner submits that similarly placed accused persons has been granted bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) 15598/2025.

Learned advocate for the State opposes the prayer for bail and submits that the delay in the trial is because of the accused person and the there being no Presiding Officer in the Court. The subject matter of the case relates to recovery of 9000 bottles of phensedyl, prosecution intends to examine seven more witnesses in order to prove its case. As such, I direct the learned trial Court to expedite the trial.

However, the records reflect the petitioner to be similarly situated as the said accused who has been granted bail by the Hon'ble Apex Court. Consequently, the petitioner be extended the same privilege as the other accused who has been granted bail. Accordingly, the prayer for bail of the petitioner is allowed.

As such, petitioner namely, Rafikul Mondal 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 under NDPS Act cum Additional Sessions Judge, 1st Court, Barrackpore.

If on bail, the petitioner shall be physically present on each and every date so fixed before the learned Special Court and shall not leave the jurisdiction of district of North 24 Parganas without the prior permission of the learned Special Court.

Accordingly, the application for bail being CRM (NDPS) No. 1527 of 2025 is allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)