Haradhan Khan v. State Of West Bengal

29.12.2025 SL No.31 Court No.6 S.Gayen/ Rohan (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 1736 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Illambazar Police Station Case No. 50 of 2025 dated 04.02.2025 under sections 20/29 of the NDPS Act, 1985; -AndIn the matter of: Haradhan Khan

...Petitioner

Mr. Sharman Sarkar Mr. Sahil Kabir ...for the Petitioner Mr. Kunal Ganguly ...for the State

1. Learned counsel for the petitioner prays for bail of the accused on the ground that the petitioner herein was admittedly the driver of the vehicle.

2. Learned counsel for the State, on placing the case diary, admits that he was the driver of the vehicle and the seizure was made from the said vehicle and another person was found in the said vehicle.

3. It is further submitted that two co-accused are on bail on the ground that they were not FIR named and were not found at the spot. It is submitted that the petitioner is in custody for last 328 days.

4. Considering the long period of detention and the fact that the trial has not yet commenced, the petitioner herein, being the driver, is granted bail.

5. Accordingly, the application of bail is, thus, allowed.

6. I direct the petitioner be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Additional District and Sessions Judge, 1st Court (Special Court under NDPS Act), Suri. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and the petitioner shall not leave the jurisdiction of the concerned Court without prior permission of the Court.

7. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

8. Thus, the application for bail being C.R.M. (NDPS) 1736 of 2025 stands disposed of.

(Shampa Dutt (Paul), J.)