Merasuddin Sk @ Kalu v. State Of West Bengal

15.09.2020 CRM 6465 of 2020 With CRAN 1 of 2020 Court No. 19 Item No. 5 abhar/bdatta (Via Video Conference) In Re: An application for Bail under Section 439 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 73 of 2018 dated 04.02.2018 under Sections 15(c)/29 of the N.D.P.S. Act. and In the matter of: Merasuddin Sk. @ Kalu.

... Petitioner Mr. Arup Kumar Bhowmick.

......for the Petitioner Mr. Swapan Banerjee, Ms. Sima Biswas.

....... For the State The learned advocate for the petitioners undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

The application being CRAN 1 of 2020 is accordingly disposed of.

The learned advocate for the petitioner submits that the petitioner is in custody for a considerable period of time and the majority of the witnesses have been examined. The learned advocate further submits that in view of the pandemic situation, the petitioner may be released on bail.

The learned advocate appearing for the State opposes the prayer for bail and submits that the quantity of contraband so recovered is of commercial quantity and the trial is at the advanced stage and if the petitioner is released on bail, the progress of the case would be prejudiced.

We have taken into account the submissions advanced by both the parties and we are of the opinion that the petitioner is not entitled to be released on bail at this stage considering the recovery was of

commercial quantity and the case is at the advanced stage. Accordingly, the prayer for bail is rejected. The application for bail being C.R.M. 6465 of 2020 is dismissed. (Tirthankar Ghosh, J.) (Harish Tandon, J.)