Sankar Barik@Shankar Barik v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 13.04.2022 Item no.05 Ct.1 Suvendu CRM (NDPS) 67 of 2022 In Re:- An application for bail under section 439 of the Code of Criminal Procedure, 1973 in connection with Pradhan Nagar Police Station Case No.167 of 2021 dated 21.03.2021 under Sections 21(C)/22 (C) of The Narcotic Drugs and Psychotropic Substances, Act, 1985.

And In the matter of:- Sankar Barik @ Shankar Barik ... Petitioner Mr. Sanjay Mazoomdar Ms. Sukanya Adhikary ...........for the petitioner Mr. Abhijit Sarkar Mr. Tapan Bhattacharjee ........for the State Considering that the petitioner has been named by the coaccused and the name of the petitioner has not been mentioned in the FIR together with the fact that the Personal Search Memo does not indicate any articles having been recovered from the petitioner, we are inclined to grant bail to the petitioner. Learned counsel appearing for the State submits that the charge-sheet has been filed.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (rupees ten thousand only) with two sureties each of like amount, one of whom must be

local to the satisfaction of the learned Judge (Special Court) under NDPS Act, Siliguri. The petitioner shall make himself available on every date of hearing before the learned trial court and before the concerned Police Station as and when required. The petitioner shall not leave the area of local Police Station only upon condition being granted for such. The petitioner shall not intimidate any witnesses and tamper with any evidence in any manner whatsoever.

CRM (NDPS) 67 of 2022 is accordingly allowed and disposed of.

(Kesang Doma Bhutia, J.) (Moushumi Bhattacharya, J.)