Iswar Sonar v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 14.05.2024. C.R.M. (NDPS) 224 of 2024 4/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar P.S case no. 180 of 2021 dated 20.2.2021 under section 20(b)(ii)(c) of the NDPS Act and Allowed In the matter of : Iswar Sonar ..... Petitioner Mr. J K Bhowmik Mr. S Bhowmik Mr. Shubham Kumar ...for the Petitioner Mr. A S Chakraborty, ld APP Mr. Sourav Ganguly ...for the State

1. Petitioner is in custody for more than three years. It is submitted there is slow progress in trial. He prays for bail.

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

3. We have considered the materials on record. Petitioner is in custody for more than three years. On the score of delay co-accused Rakesh Mistri has been enlarged on bail. Petitioner is entitled to similar relief.

4. Accordingly, the petitioner be released on bail upon furnishing a 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, Jalpaiguri on condition that the petitioner shall appear before the trial court on every date of hearing and shall not

intimidate witnesses or tamper with evidence in any manner whatsoever.

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

6. The application being CRM (NDPS) 224 of 2024 is disposed of.

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