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Calcutta High CourtCRM (NDPS)/2059/2023allowed

Saikhom Ronankumar Singh And ORS. v. State Of West Bengal

2023-12-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

22.12.2023 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 2059 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.12.2023 in connection with Katwa Police Station Case No.787 dated 16.10.2022 under Sections 21(c)/27A/25/29 of the NDPS Act.

And In Re: Saikhom Ronankumar Singh & Ors.

... ... Petitioners Mr. Dipankar Dandapath ... ... for the petitioners Mr. Sujan Chatterjee ... ... for the State

1. It is submitted on behalf of the petitioners that they are in custody for about 430 days. It is further submitted no narcotics was recovered from their possession. Accordingly, they pray for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits sale proceeds of narcotics were recovered from the petitioners.

3. We have considered the materials on record. Co-accused viz. Nasib Ali @ Shangom Sumpham Nasib Ali @ Nasheer Ali has been enlarged on bail. Petitioners stand on the same footing with the said co-accused. In view of the aforesaid fact and the period of detention suffered by the petitioners, we are of the opinion further detention of the petitioners is not necessary.

4. Therefore, the petitioners, namely (1) Saikhom Ronankumar Singh, (2) Laisharm Bijoy Singh & (2) Yengkhom Premchandra Singh, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman subject to condition that

the said petitioners 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 they fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)