Bablu Sk. v. State Of West Bengal

19.12.2023 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 1953 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.11.2023 in connection with Raninagar Police Station Case No.101 of 2023 dated 22.02.2023 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.21 of 2023) And In Re: Bablu Sk.

... ... Petitioner Mr. Jisan Iqubal Hossain Ms. Chandrima Debnath ... ... for the petitioner Mr. Anand Kesari ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for over ten months. Co-accused has been granted bail by a coordinate Bench of this court. Accordingly, he prays for bail on parity.

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

3. We have considered the materials on record. Petitioner stands on the same footing with co-accused who has been enlarged on bail by a coordinate Bench of this court. In view of the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Bablu Sk., 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, Berhampore, Murshidabad 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.)