Calcutta High CourtCRM(NDPS)/466/2025allowed

Akash Chhetri v. The State Of West Bengal

2025-11-21Hon'Ble Justice Md. Shabbar Rashidi3 pages

21.11.2025 Sl. No.38 Court No.4 s.biswas (Allowed) CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri Appellate Side C.R.M.(NDPS) 466 of 225 In Re: - An application for bail under Section 483 of Bharatatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with Alipurduar P.S. Case No. 359/2023 dated 04.11.2023 under Sections 21(c)/25/29 of the NDPS.

And In the matter of: Akash Chhetri ....Petitioner Mr. Sandip Guha Roy Mr. Ananda Paul Mr. Sankha Shubhra Singh ...for the Petitioner Mr. Kallol Acharjee Mr. Bhaskar Das Mr. Dhiman Sil ...for the State

1. The bail prayer of the petitioner is taken up for consideration.

2. Petitioner claims parity with the co-accused Sabyasachi Bhattacharjee, who was granted bail by the Co-ordinate Bench by an order dated October 29, 2025 passed in CRM(NDPS) 84 of 2025.

3. Petitioner prays for bail on the ground of parity with the coaccused and long incarceration in jail and also non-development of trial.

4. Learned counsel for the State opposes the prayer for bail.

5. Perused the material in the case diary. It appears that both the co-accused persons were arrested on the self-same date. Commercial quantity of narcotics were recovered from joint possession. The co-accused person has been granted bail by the order dated October 29, 2025 in CRM(NDPS) 84 of 2025.

6. In such circumstances, since the petitioner is similarly circumstanced as with the co-accused in CRM(NDPS) 84 of 2025, the petitioner also deserves the same relief. The application for bail of the petitioner stands allowed.

7. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 20,000/-, with two registered sureties of Rs.10,000/-, one of whom must be local, subject to the satisfaction of the earned Chief Judicial Magistrate, Alipurduar, and on condition that he will not leave the geographical limit of district Alipurduar, without taking permission from the Trial Court and also on condition that he will meet the O.C./I.C. Alipurduar Police Station, once in a week till further order and also on condition that the accused shall not misuse the liberty grantewd by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police statin and shall not change it without prior permission of the Trial Court and he shall not in any manner try to delay the trial. The Trial

Court will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this court.

8. Be it mentioned that nothing said herein shall be construed as an expression of opinion on the merits of the case.

9. Accordingly, CRM (NDPS) 466 of 2025 is thus disposed of. 10.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Md. Shabbar Rashidi, J.)