An Application For Bail Under Section ... vs Bhakta Das on 21 January, 2014

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Calcutta High Court (Appellete Side)

An Application For Bail Under Section ... vs Bhakta Das on 21 January, 2014

57. January C.R.M. 666 of 2014 21, 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on January 13, 2014 in connection with Basirhat Police Station Case No. 848 of 2012 dated September 1, 2012 under Section 379/411/413/414 of the Indian Penal Code read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act;


                                                                      And

                 In the matter of : Bhakta Das                                                    ...petitioner.

                                                   Versus

                                         State of West Bengal                                     ...opposite party.

                                         Mr. Arnab Chatterjee,
                                               ...for the petitioner.

                                         Mr. Satarup Purkayastha,
                                               ...for the State.

This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Case No. N-139 of 2012 arising out of Basirhat Police Station Case No. 848 of 2012 dated September 1, 2012 relating to an offence punishable under Sections 379/411/413/414 of the Indian Penal Code read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act.

We have heard the learned advocates appearing for the parties and perused the case diary.

It is submitted on behalf of the petitioner that the petitioner is in custody for sixteen (16) months and that further detention of the petitioner is not necessary. It has been further submitted that another co-accused person, similarly circumstanced with the petitioner, has already been enlarged on bail by this court.

Having considered the materials in the case diary and in view of the fact that investigation in the instant case is complete as also the fact that similarly circumstanced co-accused person is on bail, we are of the view that the petitioner may be granted bail.

As such, the petitioner, namely, Bhakta Das, shall be released on bail to the satisfaction of the learned Judge, Special Court under the Narcotic Drugs and Psychotropic Substances Act at Barasat, North 24-Paraganas, upon execution of a bail bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like amount, one of whom must be local, on condition that the petitioner shall not enter the jurisdiction of Basirhat Sub-division until further orders and shall intimate the officer in-charge of Basirhat police station the address, where he would be residing while on bail.

The application for bail, thus, stands allowed.

( Subhro Kamal Mukherjee, J. ) ( Asim Kumar Mondal, J. ) dns

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Calcutta High Court (Appellete Side)