Ruksana Khatun @ Ruksana Khatuna v. The State Of West Bengal

D/L. 49 February 7, 2023 MNS Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 62 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.01.2023 in connection with N.D.P.S. Case No. 94 of 2022 in connection with New Jalpaiguri Police Station Case No. 798 of 2022 dated 23.07.2022 for the alleged offence punishable under Sections 20(b)(ii)(c)/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Ruksana Khatun @ Ruksana Khatuna .... Petitioner Mr. Anirban Baneree ... for the petitioner Mr. Abhijit Sarkar, Mr. Aniruddha Biswas ... for the State.

Learned counsel for the petitioner submits that the petitioner is at an advanced stage of pregnancy. It is further submitted that in the circumstances, the petitioner ought to be released on bail. Learned counsel appearing for the State opposes the prayer for bail.

However, keeping in view the condition of the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, CRM (NDPS) 62 of 2023 is allowed, thereby granting bail to the petitioner on condition that the petitioner furnishes bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (under NDPS Act), at Jalpaiguri.

The petitioner shall not leave the territorial jurisdiction of the trial court during the entire period of trial and shall attend the trial on each and every date.

The petitioner shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts to any police officer or the court and/or tamper with the evidence in any manner whatsoever.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)