Sanjit Roy @ Jadu v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 10-11-2020 Subrata/Rajib item no.18 bail granted .

C.R.M. No.8839 of 2020 Sanjit Roy @ Jadu -vsThe State of West Bengal In Re: Application under section 439 CrPC in connection with Balurghat P. S. Case No. 351 of 2018 dated October 24, 2018 under sections 21(C)/22(C)/23(C)/27A NDPS Act.

Mr. Busra Khatoon ...for the petitioner Mr. Rana Mukherjee Mr. Santanu Chatterjee ... for the State The petitioner undertakes to affirm and 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.

The petitioner claims to be in custody for nearly 90 days. According to the petitioner, no contraband was recovered from his person and the petitioner has been arrested merely on the basis of the statement of a person from whom contraband was recovered. The State produces the case diary but cannot refer to any material other than the statement of an accused as the basis for proceeding against the present petitioner.

The petitioner is entitled to bail.

The petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the appropriate court in Dakshin Dinajpur. The petitioner will attend every date fixed for trial and any unexplained absence would entitle the trial court to cancel the petitioner's bail without reference to this court.

CRM No.8839 of 2020 is disposed of.

[Arijit Banerjee, J] [Sanjib Banerjee, J]