Dhiman Roy @ Budo v. State Of West Bengal

29.09.2020 CRM 7088 of 2020 With CRAN 1 of 2020 Court No. 8 Item No. 8 (DL) abhar/bdatta (Via Video Conference) In Re: An application for Bail under Section 439 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 202 of 2020 dated 20.03.2020 under Sections 21(C) of the N.D.P.S. Act. and In the matter of: Dhiman Roy @ Budo.

... Petitioner Mr. Priyankar Ganguly.

......for the Petitioner Mr. Sanjoy Bardhan.

....... For the State The learned advocate for the petitioner 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 193 days in connection with the aforesaid case and no charge sheet has been submitted as yet. The learned advocate appearing for the State opposes the prayer for bail. It is submitted that the charge sheet has already been submitted within the statutory period.

After hearing the respective submissions and upon perusal of the materials available before us and the fact that the charge sheet has already been submitted within the statutory period, as submitted by the learned advocate for the State, the prayer for bail is rejected as the petitioner has not been able to make out a case for taking exception under Section 37 of the N.D.P.S. Act.

The application for bail being C.R.M. 7088 of 2020 is dismissed. (Hiranmay Bhattacharyya, J.) (Harish Tandon, J.)