Nurul v. The State Of West Bengal

13-02-2025 CRM (NDPS) 9 of 2025 (ct. no.29) S. De (Allowed) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Goalpokher Police Station Case No. 84 of 2022 dated 01.03.2022 under Sections 21(c)/29 of the Narcotic Drugs & Phychotropic Substances Act 1985.

- A n d - In the matter of : Nurul.

.... Petitioner.

Mr. Nirupam Dhali, ... For the Petitioner.

Mr. Antarikhya Basu, Mr. Akash Ganguly, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated February 5, 2025, passed by us in CRM (NDPS) 1997 of 1997 of 2024, whereby a co-accused person was enlarged on interim bail. Subsequently, the order of interim bail was confirmed. The petitioner says that he stands on the same footing as that person.

2. Learned State advocate, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner stands on the same footing as the other accused person who was enlarged on bail.

3. Hence, we are inclined to allow the petitioner's prayer for bail.

4. Accordingly, we direct that the petitioner, namely, Nurul shall be released on bail upon furnishing a bond of Rs. 25,000/ with two sureties of Rs.12,500/- each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court (under the NDPS Act), Raiganj, Uttar Dinajpur, subject to the condition Signed By :

SANDIP DE High Court of Calcutta 14 th of February 2025 09:43:06 AM

that the petitioner shall remain within the jurisdiction of the Goalpokher Police Station and shall meet the Officer-inCharge/Inspector-in-Charge of the Goalpokher Police Station, once in a fortnight until further orders.

5. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's interim bail in accordance with law without further reference to this court.

7. The application for bail is, thus, allowed.

8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) ( Arijit Banerjee, J. ) Signed By :

SANDIP DE High Court of Calcutta 14 th of February 2025 09:43:06 AM