Triptimoy Baidya And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 24.05.2024. C.R.M. (NDPS) 172 of 2024 24/tkm CRAN 1 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar P.S case no. 448 of 2023 dated 4.6.2023 under sections 21(c) of the NDPS Act and Allowed In the matter of : Triptimoy Baidya & Anr.

..... Petitioners Ms. Pratusha Dutta Chowdhury Mr. Anirban Banerjee ...for the Petitioners

1. We have considered the materials on record.

2. Sufficient ground for recalling order dated 1.5.2024 is made out. Order dated. 1.5.2024 is recalled.

3. CRAN 1 of 2024 is allowed.

4. Learned lawyer for the petitioners submits her clients stand on the same footing with co-accused who have been granted bail. That apart, father of petitioner no. 1 has expired on 20th May 2024.

5. In view of the aforesaid circumstances we are of the opinion further detention of the petitioners is not necessary and they may be granted bail.

6. Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each 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 Jalpaiguri on condition that the petitioners shall appear

before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

7. In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

8. The application being CRM (NDPS) 172 of 2024 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)