Avijit Dey Alias Sanu v. State Of West Bengal

CRM 7920 of 2020 16.06.2021 With CRAN 1 of 2021 (Via Video Conference) Court No. 28 Item No. 01 (Dispd. of) akd & ab In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Serampore Police Station case no. 403 of 2019 dated 12.09.2019 under Sections 20(b)(ii)(c)/29 of the N.D.P.S. Act.

And In the matter of : Avijit Dey @ Sanu

...Petitioner

Mr. Sudip Ghosh Chowdhury.

...For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Mr. A. K. Dutta.

...For the State.

In Re: CRAN 1 of 2021 This is an application for modification of the order dated 19th October, 2020 passed in CRM 7920 of 2020 granting bail to the petitioner.

It is submitted by the learned Advocate for the petitioner that though the petitioner was favoured with an order of bail, but despite best endeavour put to that effect, the local sureties could not be arranged by the petitioner and, as such, the petitioner could not be released on bail. Learned Advocate for the petitioner proposes for modification of the conditions, mentioned in the bail order. Learned Advocate for the State submits that this is a case under the N.D.P.S. Act and, therefore, there is chance of abscondance, which must be taken into account. It is true that by an order dated 19th October, 2020 the petitioner was granted bail with two sureties of Rs.10,000/- each, one of whom must be local. Since pandemic is going on and since the bail order was passed on 19th October, 2020, we find justification to go for little modification of the said order, as proposed by the learned Advocate for the petitioner.

The petitioner namely Avijit Dey @ Sanu be released on bail upon furnishing a bond of Rs.10,000/- with two registered sureties of like amount each to the satisfaction of the Special Court, Hooghly with conditions, as already mentioned in the order dated 19th October, 2020.

With this, the order dated 19th October, 2020 stands modified to the extent as mentioned hereinabove. The other conditions shall, however, remain unchanged.

This order shall be read conjointly with the order dated 19th October, 2020.

The application for modification being CRAN 1 of 2021 is thus disposed of.

(Harish Tandon, J) (Subhasis Dasgupta, J.)