Asish Barman@ Ashis Barman@ Ashish Barman v. The State Of West Bengal

02.12.2024 SL No.33 s.biswas (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (NDPS) 541 of 2024 In Re: - An application for bail under Section 483 of the BNSS in connection with Falakata P.S. Case No. 371/2024 dated 29.09.2024 under Sections 20(b)(ii)(B) of the NDPS Act. And In the matter of: Asish Barman @ Ashis Barman @ Ashish Barman ....Petitioner Mr. Anshu Narayan Sarkar ...for the Petitioner Mr. Aditi Shankar Chakraborty, APP Mr. Biswarup Roy ...for the State

1. The petitioner has been in custody for 64 days. Charge-sheet has not been submitted.

2. Learned counsel appearing for the State opposes the prayer for bail and submits that huge quantity of contraband article was seized from the joint possession of the petitioner along with another.

3. Considering the materials on record and on further consideration that intermediate quantities of contraband article was allegedly recovered from the joint possession of the petitioner and his associates, we find that this is a fit case for grant bail to the petitioner.

4. Accordingly, we direct that the petitioner shall be released 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 Special Court under NDPS Act, Alipurduar, subject to the condition that the petitioner shall meet the investigating officer twice a week. The petitioner will not tamper with the evidence or intimidate witnesses.

5. In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail of the petitioner without any further reference to this Court.

6. The application for bail is, thus, allowed.

7. All parties shall act on the basis of the server copy of the order.

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