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Calcutta High CourtCRM(NDPS)/456/2022allowed

Md Safikul @ Sofiqul v. The State Of West Bengal

2023-01-30Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Rai Chattopadhyay2 pages

AD-16 Ct No.01 Jalpaiguri 30.01.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 456 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No-02 of 2019 arising out of New Jalpaiguri Police Station Case No. 48 of 2019 dated 19.01.2019 under Sections 20(b)(ii)(c)/23(c) of the NDPS Act. And In the matter of: Md Safikul @ Sofiqul .... Petitioner Mr. Sourav Kar ... for the petitioner Mr. Nilay Chakraborty, Ms. Namrata Das ... for the State The petitioner has been in custody for more than four years since January 20, 2019, when he was apprehended under the NDPS Act.

It is submitted by the petitioner that such long period of custody ought to be considered particularly in the context that only one witness has as yet been examined in the trial. Learned counsel for the State opposes such prayer for bail. It is learnt upon hearing learned counsel that the charge-sheet has already been filed long back and the trial has commenced, in which only one witness has been examined till date. Keeping in view the above facts, we find that there is no need to keep the petitioner in custody further.

Accordingly, CRM (NDPS) 456 of 2022 is allowed, thereby granting bail to the petitioner on condition that the petitioner

furnishes bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (under NDPS Act), Second Court at Jalpaiguri. The petitioner shall not leave the territorial jurisdiction of the trial court during the entire period of trial and shall attend the trial on each and every date.

The petitioner, further, shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such persons from disclosing such facts to any police officer or the court and/or tamper with the evidence in any manner whatsoever.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)