Krishna Sarkar v. The State Of West Bengal

supp 02.07.2025 Ap Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M. (NDPS) 273 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Mathabhanga Police Station Case No. 78 of 2025 dated 02.02.2025 under Section 21(b)(ii)(C)/ 29 of the NDPS Act, 1985. And In Re :

Krishna Sarkar Adv. Dr. Arjun Chowdhury Adv. Riya Agarwal ... for the petitioner.

Adv. Aditi Shankar Chakraborty, Ld. APP Adv. Aniruddha Biswas ... for the State.

Heard learned counsels for the parties.

Learned counsel for the State opposes the prayer for bail.

The name of the petitioner has transpired from the statement of the co-accused. No recovery has been made from him.

In view of the same, this Court is inclined to hold that the petitioner has been able to rebut the restriction laid down under Section 37 of the NDPS Act and is entitled to bail.

Accordingly prayer for bail is allowed.

The petitioner namely Krishna Sarkar be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, (NDPS) Coochbehar, subject to condition that he shall appear before the Investigating Officer once a week till submission of charge sheet. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere any of the conditions stated above, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)