Satan Kr Darnal v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 09.01.2023 Court No.1 (D/L 11) (SKB) CRM (NDPS) 427 OF 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Pradhan Nagar P.S. Case No.400 of 2022 dated 28.05.2022 under Section 21(c) of the N.D.P.S. Act, 1985.

And In the matter of: Satan Kr Darnal ... Petitioner.

Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Ms. Rikta Sarkar ... for the petitioner.

Mr. Saikat Chatterjee, Mr. Sagnik Sankar Sikdar ... for the State.

Heard learned counsel appearing for the petitioner. Considering the quantum of 27 bottles recovered from the accused person and also taking into consideration the fact that after completion of investigation and filing of chargesheet on 23rd October, 2022, the trial has not been commenced till date, we are inclined to allow the prayer for bail.

We accordingly direct that the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/-(rupees ten thousand only) with two sureties each of like amount, one of who must be one of his parents to the satisfaction of the learned Judge, Special Court (under the NDPS Act), Siliguri. The petitioner shall not leave the

jurisdictional area of the local police station and shall also make himself available before the concerned court and the police station whenever required for investigation and questioning. The petitioner shall also make himself available before the trial court on every date of hearing whenever required and shall not intimidate any witnesses or tamper with any evidence in any manner whatsoever. C.R.M.(NDPS) 427 of 2022 is accordingly allowed and disposed of in terms of the above.

(SIDDHARTHA ROY CHOWDHURY, J.) (MOUSHUMI BHATTACHARYA, J.)