Basinath Sarkar v. The State Of West Bengal
20.08.2025 Ct.No.01.
Suman (Allowed)
IN THE HIGH COURT AT CALCUTTA
Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction Appellate Side CRM (NDPS) 334 of 2025 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mathabhanga police station case no.137 of 2025 dated 27.02.2025 under Sections 21(b)(ii)(C)/25/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 pending before the learned Additional Sessions Judge, 1st Court,(NDPS), Coochbehar.
In the matter of : Basinath Sarkar .... Petitioner.
Dr. Arjun Chowdhury Ms. Pratusha Dutta Chowdhury Ms. Riya Agarwal ..for the petitioner Mr. Aditi Shankar Chakraborty Mr. Aniruddha Biswas ..for the State It appears that 22 kilograms of Ganja were recovered from the principal accused. Based on his statement, the petitioner was subsequently arrested and has remained in custody for the past 169 days.
The charge sheet has already been filed.
Apart from the statement of the co-accused, there is nothing on record to corroborate the allegations against the petitioner.
In view of the above, the prayer for bail is allowed.
Accordingly, it is directed that the petitioner, namely Basinath Sarkar, shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount, one of whom must be a local resident, to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar. This order is subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not, in any manner, intimidate witnesses or tamper with evidence.
In the event that the petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law, without further reference to this Court.
Accordingly, CRM (NDPS) 334 of 2025 is, thus, disposed of.
Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.
(Kausik Chanda, J.)