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Calcutta High CourtCRM(NDPS)/91/2026allowed

Anita Roy And ANR v. The State Of West Bengal

2026-02-25Hon'Ble Justice Dinesh Kumar Sharma2 pages

25.02.2026 Ct. No.6 D/L 36 Mujahid In The High Court At Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (NDPS) 91 of 2026 In Re: An application for bail under Section 483 of the BNSS, 2023 in connection with Alipurduar P.S. Case No. 71/2024 dated 24.02.2024 under Sections 21(c)/27A/29 of the NDPS Act, 1985.

And In the matter of: Anita Roy & Anr.

....Petitioners Mr. Jaydeep K. Bhowmik Mr. Sayantan Bhaumik Mr. S. Kumar Ms. Jasmin Haque Ms. Priti Das ...for the petitioners Mr. Kallol Acharjee Mr. Chattu Roy ...for the State 1.

Learned counsel for the petitioners submits that coaccused Ujjal Roy and Gaijagam Gonmei have already admitted to bail by the Co-ordinate Bench of this Court vide order dated 14th January, 2026 and 23rd December, 2025. Learned counsel submits that petitioners are in custody for the last two years and there is no possibility of conclusion of the trial in the near future.

2.

Learned counsel for the State has opposed the bail application on the ground that there was recovery of commercial quantity of contraband articles.

3.

Perusal of the record indicates that the recovery was effected, there a was joint possession of all the co-accused Ujjal Roy and Gaijagam Gonmei have already been admitted to bail out of 39 witnesses only one witness has been examined. The petitioners are in custody for the last two years. The trial make take a long time.

4.

Thus, taking into the account and facts and circumstances of the case, the petitioners, namely, Anita Roy and Pinki Kalita shall be released on bail upon furnishing a bond of Rs.15,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Special Court (NDPS) at Alipurduar, subjection to the condition that the petitioners shall appear before the learned trial court even every date of hearing until further orders. The petitioners shall not threaten, intimidate or tamper the complainant or members of the family in any manner whatsoever. The petitioners shall not leave the jurisdiction of the learned trial court until further orders. In case the petitioners violate any such condition the prosecution is at liberty to move an application for cancellation of bail.

5.

The application for bail is allowed.

6.

CRM (NDPS) 91 of 2026 stands disposed of.

7.

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.)