Obaidul Sk @ Rubet Sk @ Obaidul Hoque v. State Of West Bengal

03.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.13 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1553 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Bhagwangola Police Station Case No. 535 of 2024 dated 21.10.2024 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Obaidul Sk @ Rubet Sk @ Obaidul Hoque ... Petitioner.

Mr. Arnab Chatterjee, Mr. Anisur Rahman ... For the Petitioner.

Mr. Ranadeb Sengupta, Mr. Debanshu Ghorai ... For the State.

Learned advocate appearing for the petitioner submits that petitioner has been arrested on the basis of statement of co-accused and the recovery in the present case relates to 57 bottles of Phensedyl from another accused. Petitioner is in custody for more than 13 months and although charge has been framed, but till date the evidence has not commenced. It has been submitted that the petitioner may be released on bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that petitioner has an antecedent wherein 120 bottles of Phensedyl were recovered from his possession, although in the present case he does not dispute regarding the petitioner being implicated on the basis of the statement of co-accused.

Be that as it may, I have taken into account the period of detention in the present case as well as the quantum of seizure. Having considered the same, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Obaidul Sk @ Rubet Sk @ Obaidul Hoque shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act-cum-Additional District & Sessions Judge, 2nd Court, Murshidabad at Berhampore. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Special Court.

The application for bail, being CRM (NDPS) 1553 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)