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Calcutta High CourtCRM/7508/2020disposed

Dipu Mahato @ Diapk @Dupu v. State Of West Bengal

2020-10-16Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Md. Nizamuddin2 pages

16.10.2020 jb.

CRM No. 7508 of 2020 + CRAN 1 of 2020 (Via video conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 179 of 2020 dated 10.06.2020 registered for investigation into offences punishable under Sections 21(C)/22(C)/23(C)/27(A) of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of : Dipu Mahato @ Dipak @ Dupu ... Petitioner Ms. Sujata Das .. for the petitioner Mr. Madhusudan Sur Mr. Arani Bhattacharyya ..for the State The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

It is submitted by the learned counsel for the State that no recovery of any narcotic was made from the petitioner. Hence this case is similar to the accused Dilip Debnath who was granted bail by this Court on 4th September, 2020 (CRM 6298 of 2020) and Bharat

Paswan @ Bharat Pasman who was so granted on 16th September, 2020 (CRM 6429 of 2020). In those cases also no narcotic was found in the possession of the petitioners.

We allow this application for bail.

The petitioner will be released on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand) together with personal release bond of equivalent value to the satisfaction of the appropriate court in Calcutta. 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 petitioners without any reference to this Court. CRM 7508 of 2020 and the interim application filed therein are disposed of.

(I. P. Mukerji, J.) (Md. Nizamuddin, J.)