Rafiqul Mia @Rafikul Mia v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION 24.09.2020 APPELLATE SIDE Sl.No. 14 Ct.No.08 (Via Video Conference) Amalranjan CRM No. 6830 of 2020 In re: Rafiqul Mia @ Rafikul Mia and anr.

........ Petitioners Re: An application for bail under Section 439 of the Criminal Procedure, 1973.

Ms. Arpita Saha ..... For the Petitioners Mr. Nilay Chakraborty Mr. Aniruddha Biswas Mr. Aditi Sankar Chakraborty Mr. Ujjwal Luksom Ms. Namrata Das ..... For the State.

The petitioners undertake to affirm and properly 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.

We have heard the submissions of learned counsel appearing for the petitioners and learned counsel appearing for the State.

The petitioners are accused under Section 20(b)(ii)(c ) of the Narcotic Drugs and Psychotropic Substances (NDPS)

Act, 1985. Learned counsel for the petitioners submits as follows:- The Narcotics were not in his clients' possession. The other co-accused persons have been granted bail by the learned court below on the ground of non-submission of chargesheet. In the case of the accused, the chargesheet has been submitted. But no charge has been framed as on 31st July, 2020. These submissions are not contradicted by learned counsel appearing for the State.

In those circumstances, we allow this application for bail .

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) together with personal release bond of equivalent value to the satisfaction of the appropriate court, Cooch Behar. The petitioner must, however, attend on every date fixed for trial; and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioner without any reference to the court. The accused shall not leave the jurisdiction of the local police station without informing the IC and giving him all particulars of his whereabouts.

Accordingly, CRM 6830 of 2020 is disposed of. ( Md. Nizamuddin, J. ) ( I. P. Mukerji, J. )