Md. Masidur Sk @ Md. Masidul Sk v. The State Of West Bengal

19.12.2023 Sl. No.16 akd [Rejected] C. R. M. (NDPS) 1957 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 English Bazar Police Station Case No.1556 of 2021 dated 10.11.2021 under Sections 21(c)/29/27A of the NDPS Act. (NDPS Case No.120 of 2021) And In Re: Md. Masidur Sk. @ Md. Masidul Sk.

... ... Petitioner Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly Ms. Neelanjana Ghorui Ms. Sarmistha Basak ... ... for the petitioner Mr. Antarikhya Basu ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than two years. It is further submitted there is inordinate delay in trial. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits bail prayer of co-accused viz. Moni Sk. has been turned down by this court in August, 2023.

3. We have considered the materials on record. Delay in the matter is attributable to the conduct of the accused persons as is reflected in the order passed in CRM (NDPS) 1447 of 2023. For the selfsame reasons, we are not convinced that the delay is at the behest of the prosecution. Hence, we are not inclined to grant bail to the petitioner.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)