Rohit Kumar Bairagi v. State, Rep By Pp Port Blair
30.03.2023
IN THE HIGH COURT AT CALCUTTA
Sl. No.1 Circuit Bench at Port Blair akd [ALLOWED] C. R. M. (NDPS) 3 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.03.2023 in connection with Mayabunder Police Station FIR No.65 of 2022 dated 21.12.2022 under Section 20(a)(i) of the NDPS Act. (NDPS Case No.03 of 2023) And In Re: Rohit Kumar Bairagi ... ... Petitioner Mr. P. C. Das Ms. Soma Chowdhuri Mr. D. Illango Mrs. Anjili Nag ... ... for the petitioner Mr. Saleem Mohammad ... ... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. Two ganja plants were recovered from a jungle behind his house. He had no exclusive control over the area where recovery was made. Investigation is complete. Learned Advocate for the State opposes the prayer for bail and submits petitioner may abscond.
We have considered the materials on record. Ganja plants have already been recovered. Whether petitioner had exclusive control over the area where recovery was made may be thrashed out during trial. Investigation is complete. Under such circumstances, we consider it prudent to enlarge the petitioner on bail. Therefore, the accused/petitioner, namely Rohit Kumar Bairagi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special
Court under the NDPS Act, Mayabunder, North & Middle Andaman subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future and on further condition that the petitioner, while on bail, shall meet the Officer-in-charge, Mayabunder Police Station once in a week until further orders. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)