Saw Dasay v. State Of West Bengal

16.10.2025 Serial no.1 [Dd] Bail allowed In the High Court at Calcutta Circuit Bench at Post Blair CRM (NDPS) 10 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mayabunder Police Station Case No. 46 of 2025 dated August 20, 2025 under Sections 20(b)(ii)(A)/22(b)/29 of the NDPS Act, 1985.(G.R. Case No. 24/2025} -AndIn the matter of : Saw Dasay ... ...Petitioner Mr. Sayan Chattopadhyay, Mr. Manas Ajai Sarkar, Mr. Monojit Baraik, Advocates ... ... For the Petitioner Mr. Sumit Karmakar, Mr. Manas Ajai Sarkar, Advocates ... ...For the State

1. Having heard the submission of the learned counsel for the petitioner and also taking into consideration the objection of the learned State counsel, I find that the present petitioner was arrested only on the basis of the statement of the coaccused and nothing has been recovered from his possession. No money trail or any other materials are forthcoming to prima facie show that he is involved with the commission of the crime.

2. In view of such materials on record, the restrictions of Section 37 will not prevent this Court from granting conditional bail to the present petitioner.

3. In view of the above, I am inclined to grant bail to the petitioner.

4. Accordingly, I direct that the petitioner, namely Saw Dasay shall be released on bail upon furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties

of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Judge under NDPS Act, N & M Andaman, Mayabunder and on further conditions that the petitioner shall remain within the jurisdictional Police Station and shall report to the Officer-in-Charge of jurisdictional Police Station once in a week until further orders and shall not leave his local residence without permission of the learned trial Court.

5. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

6. In the event, the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial Court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed.

8. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)