Rasidul Haque v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 13.01.2023 Court No.1 (D/L 12) (SKB) CRM (NDPS) 453 OF 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Dinhata P.S. Case No.24 of 2021 dated 13.01.2021 under Section 21(c) the N.D.P.S. Act, 1985. And In the matter of: Rasidul Haque ... Petitioner.

Mr. Sudip Guha ... for the petitioner.

Mr. Tapan Bhattacharjee, Mr. Kallol Nag ... for the State.

The accused petitioner was arrested on 12th January, 2021. Prosecution examined its first witness on 25th July, 2022. Thereafter, two more witnesses have been examined. Till date nothing has transpired to implicate the accused petitioner. Learned counsel appearing for the State has raised his vehement objection.

Under such circumstances, we are not inclined to curtail the liberty of the accused petitioner.

We are, hence, inclined to allow the prayer for bail. We accordingly, direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(rupees ten thousand only) with two sureties each of like amount, one of who must be local to the

satisfaction of the learned Additional Sessions Judge, 1st Court, Cooch Behar (NDPS). No attempt shall be made on the part of the petitioner to interfere with the witnesses. He shall attend the trial court on the designated dates.

C.R.M.(NDPS) 453 of 2022 is accordingly allowed and disposed of in terms of the above.

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