Bipul Chandra Roy @ Bipul Roy v. The State Of West Bengal

30.01.2025

IN THE HIGH COURT AT CALCUTTA

Sl. No.06 Circuit Bench at Jalpaiguri SG [ALLOWED] C. R. M. (NDPS) 6 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Kharibari P. S. Case No. 375 of 2024 dated 04.12.2024 under Section 21(b)(c)/29 of the NDPS Act.

And In Re: Bipul Chandra Roy @ Bipul Roy.

... ... Petitioner Mr. Subham Ghosh, Mr. Mayank Roy.

... ... for the petitioner Mr. Nilay Chakraborty, ld. A.P.P.

Mr. Sourav Ganguly.

... ... for the State

1. Petitioner contends no narcotics was recovered from his possession. He is in custody for 36 days. Co-accused has been enlarged on bail. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. No narcotics was recovered from the petitioner. Co-accused has been enlarged on bail. Petitioner is entitled to similar relief.

4. Therefore, the accused/petitioner, namely Bipul Chandra Roy @ Bipul Roy, 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-cum-Additional Sessions Judge, 2nd Court, Siliguri 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.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)