Sakil Mondal v. State Of West Bengal

14.12.2020 Sl. No.60 akd [ALLOWED] C. R. M. 10311 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.12.2020 in connection with Bongaon Police Station Case No. 348 of 2020 dated 23.06.2020 under Sections 20(b)(ii)(B)/29 of the NDPS Act. (NDPS Case No. 97 of 2020) And In Re: Sakil Mondal ... ... Petitioner Mr. Arnab Chatterjee .. Advocate ... ... for the petitioner Mr. Sanjay Bardhan .. Advocate Ms. Manisha Sharma .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 170 days.

Learned advocate appearing for the State opposes the prayer for bail.

Having considered the materials on record and bearing in mind the nature of allegations i.e. alleged possession of about 18 kgs. of Ganja from the petitioner, which is below commercial quantity and in view of the period of detention suffered by him, we are of the opinion that further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Sakil Mondal, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, 1985, Barasat, North 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)