Pradip Darjee v. The State Of West Bengal

02.12.2024 Item No.21 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 513 of 2024 In Re: - An application for bail under section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S. 2023 in connection with Pradhan Nagar Police Station Case No.180/2024 dated 11.03.2024 under Sections 21(c)/22(c) of NDPS Act, 1985. And In the matter of: Pradip Darjee.

....Petitioner.

Ms. Rima Sarkar, Ms. Sidhi Sethia, Ms. Suparna Paul ...for the Petitioner.

Mr. Nilay Chakraborty, Mr. Subhasis Misra ... for the State.

1. The petitioner prays for bail on the ground of prolonged incarceration and on the ground that no materials are on record which would justify such prolonged detention. He submits that 14 witnesses have been cited in the charge-sheet. There is no progress in the trial.

2. Learned advocate for the State produces the case diary and opposes the prayer for bail.

3. Considering the materials on record and the fact that there is no progress after filing of the chare-sheet, we are inclined to enlarge the petitioner on bail upon furnishing a bond of Rs.25,000/-with two sureties of equal amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court, under NDPS Act, Siliguri. The petitioner shall appear before the learned trial court on each and every date of

hearing and shall not intimidate the witnesses or tamper with any evidence. The petitioner shall not leave the jurisdiction of the trial court. In case of failure to comply with the above directions, the learned trial Judge shall be entitled to cancel the bail without further reference to this Court.

4. The application for bail, being CRM (NDPS) 513 of 2024 is, thus, disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)