Ramji Prasad Bhagat v. The State Of West Bengal

D/L. 38 February 10, 2023 MNS Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 121 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.01.2023 arising out of Bhaktinagar Police Station Case No. 1296 of 2021 dated 02.10.2021 under Section 21(c)/22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of: Ramji Prasad Bhagat .... Petitioner Mr. Subhankar Dutta ... for the petitioner Mr. A. S. Chakraborty ... for the State.

Learned counsel for the petitioner contends that the provisions of Section 41B of the Code of Criminal Procedure were not complied with in the present case. Moreover, the petitioner is in custody for about 496 days. Learned counsel appearing for the State opposes the prayer for bail. Being satisfied that the petitioner has made out a sufficient case for bail, we are inclined to grant bail to the petitioner. Accordingly, CRM (NDPS) 121 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.)