Bharat Rao v. State Of West Bengal

18.09.2020 IA NO. CRAN 1 of 2020 Sc CRM 6695 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with STF P.S. Case No.41 of 2019 and NDPS No. 45 of 2019 under Sections 21(B)/29 of the NDPS Act. And In the matter of: Bharat Rao ....Petitioner (in custody).

Md. Khairul ...for the Petitioner.

Mr. Sanjay Bardhan Mr. Palash Chandra Majhi.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner was allegedly found in possession of 113g of heroin. Though the quantum recovered was not commercial quantity, the petitioner's prayer had been rejected earlier while the report was awaited. The report has come and has confirmed the substance to be heroin. The petitioner seeks bail and says that he will be willing to subject himself to any condition that may be set by the Court. Considering the quantum of contraband recovered, the petitioner may be enlarged on bail as long as the petitioner does not leave the State without the previous permission of the trial court. The petitioner will also attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel his bail without reference to this Court.

Subject to the above, the petitioner will be enlarged on bail on furnishing security of Rs. 20,000/- with two sureties of like amount,

one of whom must be local, to the satisfaction of the appropriate Court in Kolkata.

CRM 6695 of 2020 and the interim application filed therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)