Calcutta High CourtCRM(NDPS)/249/2025allowed

Tarak Sharma v. The State Of West Bengal

2025-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.06.2025 Item no. 15.

Court No.2.

Rakib (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (NDPS) 249 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with New Jalpaiguri GRPS Case No. 73 of 2024 dated 16.09.2024 under Sections 8(C)/20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Tarak Sharma ......Petitioner.

Mr. Gobinda Ghosh.

......for the Petitioner.

Mr. Nilay Chakraborty, ld. APP, Mr. Sourav Ganguly.

......for the State.

Learned advocate appearing for the petitioner submits that the petitioner was arrested on 16th of September, 2024 and since then he is in custody. Other accused persons who have been named in the charge-sheet have already been released on bail.

Learned advocate appearing for the State opposes the prayer for bail.

However, having regard to the fact that similarly situated accused were released on bail and the petitioner is in custody since 16th of September, 2024, I am of the view that further

detention of the petitioner is unwarranted in the facts and circumstances of the case that charge-sheet has already been submitted. Accordingly, the petitioner is released on bail. As such, petitioner would furnish bond of Rs.20,000/- (Rupees Twenty thousand only), 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), 1st Court, Jalpaiguri and it is further clarified that the local sureties for the purposes of the case would be of an individual who would deposit the title deed of his property which would be situated within the jurisdiction of the learned Special Court. If on bail the petitioner shall be physically present on each and every date of the trial so fixed by the learned trial Court and would not hinder the progress of the trial.

In case any violation of the aforesaid conditions, the learned Special Court would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (NDPS) 249 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)