Calcutta High CourtCRM/10718/2020rejected

Mintu Sk. @Sekh v. The State Of West Bengal

2021-01-04Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Subhasis Dasgupta2 pages

04.01.2021 Item No. 05 b.r.

Bail allowed Crt.No.5 C.R.M. 10718 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar P.S. Case No. 389 of 2018 dated 11.08.2018 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act arising out of N.D.P.S. case No. 223/2018. And In Re : Mintu Sk. @ Sekh ...... petitioner. Mr. Jisan Iqubal Hossain .....for the petitioner.

Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ....for the State Mr. Hossain, learned Counsel, appears in support of this application for bail.

Learned Counsel prays for a parity of treatment at par with the other co-accused similarly placed in connection with Raninagar Police Station Case No. 379 of 2018 dated 11th August, 2018 under Section 21(c) of the NDPS Act. Learned Counsel for the petitioner refers to the order dated 4th September, 2019 in C.R.M. No. 7809 of 2019, which is an application for bail by a similarly circumstanced co-accused. It transpires from the record, as annexed to the application for bail being C.R.M. 7809 of 2019, that bail was allowed. Learned State Counsel appears and submits that the factual matrix involving the petitioner and the other co-accused are identical.

Having heard the rival submissions and considering the materials placed, this Court is persuaded to allow bail to the present petitioner.

Accordingly, the petitioner (Mintu Sk. @ Sekh) be released on bail upon furnishing a bond of Rs.10,000/-(Rs Ten thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Court, NDPS Act, Berhampore, Murshidabad. The petitioner shall also appear before the learned Trial Court as and when required during the course of trial.

CRM No. 10718 of 2020 stands thus disposed of. All parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent xerox certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Subhasis Dasgupta, J.) (Subrata Talukdar, J.)