Giridhari Prasad v. State Of West Bengal

12.12.2022 sdas Allowed C.R.M. (NDPS) No. 1463 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bankura Police Station Case No. 398 of 2022 dated 02.11.2022 under Sections 21(b) of the N.D.P.S. Act.

And In Re : Giridhari Prasad ....... petitioner Mr. Kaushik Chaudhury Ms. Busra Khatoon .....for the petitioner Mr. Madhusudan Sur, learned APP Mr. Dipankar Paramanick .....for the State Heard the learned Counsels appearing for the parties. We have considered the materials on record. Quantity of narcotic substance recovered from the possession of the petitioner and co-accused is of intermediate weight. Under such circumstances, we are inclined to grant bail to the petitioner.

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), Bankura, subject to conditions that he 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.

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 in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)