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Calcutta High CourtCRM (NDPS)/2092/2023allowed

Devendra Ahuja @ Chintu v. State Of West Bengal

2024-01-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.04.2024 CRAN 1 of 2024 tkm/ct 28 in sl no. 130 C.R.M. (NDPS) 2092 of 2023 In Re : An application for relaxation of condition of bail And In re : Devendra Ahuja @Chintu ...... petitioner Mr. R Bansal Mr. Yogesh Sarma ...... for the petitioner Mr. B K Roy Mr. Subham Bhagat ...... for the State

1. Petitioner submits due to conditions imposed upon him i.e to stay within the district of Malda and to report to Officer-in-Charge, Kaliachak P.S once in a week until further orders, he is away from his home and hearth. He suffers from various ailments and requires treatment for a family doctor in Agra. Accordingly, he prays for relaxation of condition of bail.

2. Leaned lawyer for the State submits petitioner is a habitual offender. He may abscond if the conditions are relaxed.

3. We have considered the rival submissions at the bar. Petitioner has duly complied with the aforesaid conditions of bail imposed on him. Consequently, he is away from his home and hearth for about five months. Charge is yet to be framed and there is no possibility of trial concluding in the foreseeable future. Petitioner contends he requires medical treatment at Agra.

4. Under such circumstances, condition of bail i.e. to stay within the district of Malda is waived.

5. With regard to condition that he shall meet the Officer-inCharge, Kaliachak P.S once in a week, we modify the said condition and direct that the petitioner shall meet the Officer-in-Charge, Kaliachak P.S once in a month until further orders.

6. Accordingly, application for relaxation of condition of bail being CRAN 1 of 2024 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)