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Calcutta High CourtCRM(NDPS)/362/2024allowed

Raju Singh v. The State Of West Bengal

2024-07-29Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Prasenjit Biswas2 pages

JPD-30 Ct No.01 29.07.2024 S.Pal Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 362 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station Case No. 824 of 2022 dated 15.10.2022 under Sections 20(b)(ii)(C)/22(C) of the NDPS Act, 1985.

And In the matter of: Raju Singh

...Petitioner

Ms. Radhika Agarwal Mr. Dhiraj Lakhotia Ms. Meghna Joshi Ms. Khushi Kundu ... for the petitioner Mr. Aditi Shankar Chakraborty Mr. Aniruddha Biswas ... for the State

1. Learned counsel for the petitioner contends that the petitioner is in custody for 651 days. Moreover, a co-accused person on similar footing was enlarged on bail by a previous order passed by this Bench earlier today.

2. Learned counsel for the respondent State opposes the prayer for bail and places reliance on the seizure list to indicate that a prima facie case has been made out against the petitioner.

3. We are of the opinion that, in view of the long period of incarceration of the petitioner and in view of a co-accused

person on a similar footing having been enlarged on bail, the petitioner is also entitled to bail.

4. In such view of the matter, CRM (NDPS) 362 of 2024 is allowed, thereby granting bail to the petitioner on condition that the petitioner shall furnish bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Special Court (NDPS Act) at Siliguri.

5. The petitioner shall not leave the territorial jurisdiction of the trial court during the entire period of trial and shall attend each and every date of trial.

6. Further, the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts to any police officer or the court and/or tamper with the evidence in any manner whatsoever.

(Sabyasachi Bhattacharyya, J.) (Prasenjit Biswas, J.)