Manjit Sing v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 23.02.2026 Sl. no. 68 Ct. No. 6 Susanta (ALLOWED) C.R.M. (NDPS) 15 OF 2026 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with New Jalpaiguri Police Station Case No. 423 of 2024 dated 05.05.2024 under Sections 20(c)/25/28/29 of the NDPS Act. And In the matter of : Sri Manjit Sing.

.... Petitioner Ms. Srishti Sarkar, .... For the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. PP-in-Charge, Mr. Nilay Chakraborty, Ld. APP Mr. Tapan Bhattacharjee ... For the State.

Learned counsel for the petitioner has prayed for bail on the twin grounds; firstly, that the petitioner is in custody for the last around 700 days and secondly, the co-accused has been admitted to bail by the Co-ordinate Bench of this Court in C.R.M.(NDPS)/302 of 2025 vide order dated 17th December, 2025.

Learned counsel for the State has opposed the prayer for bail application on the ground of gravity of the allegation. Learned counsel for the State submitted that it was a case of joint possession. Learned Counsel for the State further submitted that the charge-sheet was filed in October, 2024.

Learned Counsel has fairly submitted that the case does not reflect any other involvement in the similar case of the present petitioner.

The Court has considered the submissions.

The Apex Court has time and again reiterated that the prolong incarceration without any progress in trial may be a ground for the constitutional Court to admit the person in custody on bail.

The co-accused has been admitted to bail in this case by the co-ordinate Bench of this Court and it has not been disputed that the case of the petitioner stands of the same footing and the facts and circumstances of the case, the petitioner is released on bail of Rs. 25,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court (Special Court), Jalpaiguri subject to the condition that the petitioner shall appear before the learned Trial Court even every date of hearing until further orders. The petitioner shall not threaten, tamper or intimidate the complainant or members of the family in any manner or whatsoever commit similar offence in future. The petitioner shall not leave the jurisdiction of the learned Trial court until further orders. In case the petitioner violates any such condition the prosecution is at liberty to move an application for cancellation of bail.

The application for bail is allowed.

C.R.M. (NDPS) 15 of 2026 stands disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

(Dinesh Kumar Sharma, J.)