Calcutta High CourtCRM/6767/2020allowed

Bappa Kar @ Bulan Kar v. State Of West Bengal

2020-09-18Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

18.09.2020 Court No.08 Item No. 17 Krishnendu Bail Granted C.R.M. 6767of 2020 With C.R.A.N.1 of 2020 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Khardah P.S. Case No. 285 of 2018 dated 07.04.2018 under section 20 (b) of the N.D.P.S. Act ( N-45 of 2018).

And In Re : Bappa Kar @ Bulan Kar ......Petitioner Mr. Husen Mustafi ....For the Petitioner Mr. S.S. Imam Mr. Subrato Roy .......For the State Heard the learned advocates appearing on behalf of the parties.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month 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 No. 1 of 2020, is disposed of.

Having considered the materials on record and bearing in mind the facts and circumstances of the case including quantity of narcotic substance seized i.e. 10 kgs. of Ganga and

the period of detention suffered by the petitioner, i.e. over two years, we are inclined in granting bail to the petitioner. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under N.D.P.S. Act, Barrackpore, North 24-Parganas and on condition that the petitioner shall appear before the Trial Court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail, being CRM No. 6767 of 2020, is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J) (Joymalya Bagchi, J)