31.01.2024
Sl. No.15
akd
[ALLOWED]
C. R. M. (NDPS) 193 of 2024
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 22.01.2024 in connection with Farakka Police Station
Case No.477 of 2022 dated 20.11.2022 under Sections 21(c)/29 of the
NDPS Act. (NDPS Case No.228 of 2022)
And
In Re: Ilu Sk.
… … Petitioner
Mr. Jisan Iqubal Hossain
Ms. Chandrima Debnath
… … for the petitioner
Mr. Iqbal Kabir
… … for the State
1. It is submitted on behalf of the petitioner that he is in custody for
more than a year. Co-accused viz. Najrul Islam @ Najbul Hoque has
been enlarged on bail by the Hon’ble Apex Court. Accordingly, he
prays for bail on parity.
2. Learned Advocate for the State opposes the prayer for bail.
3. We have considered the materials on record. Petitioner is in custody
for more than a year. Under such circumstances, co-accused viz.
Najrul Islam @ Najbul Hoque has been enlarged on bail by the
Hon’ble Apex Court. In view of the aforesaid fact and the period of
detention suffered by the petitioner, we are of the opinion further
detention of the accused/petitioner is not necessary.
4. Therefore, the accused/petitioner, namely Ilu Sk., 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, Berhampore, Murshidabad subject to condition that
the said petitioner shall appear before the trial court on every date of
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hearing until further orders and shall not intimidate witnesses or
tamper with evidence in any manner whatsoever or commit similar
offences in future.
5. 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.
6. The application for bail, thus, stands allowed.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)