12 26-02-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 246 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Liluah Police Station Case No. 163 of 2023 dated 14.04.2023 under Sections 20(b)(ii)(C)/25/29 of the NDPS Act. - A n d - In the matter of : Babu Pal .... Petitioner. Mr. Soumya Basu Roy Chowdhury, … For the Petitioner. Mr. Joydeep Biswas, Mr. Asif Dewan, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner claims parity by citing orders dated February 18, 2025 and February 24, 2025 passed in CRM (NDPS) 49 of 2025 and CRM (NDPS) 1985 of 2024 respectively, whereby two co-accused persons by the names of Biswajit Giri @ Raja and Gobinda Shaoo @ Chagu respectively, were enlarged on bail, primarily on the ground of delay in progress of trial coupled with very little possibility of an early conclusion of the trial. 2. The petitioner says that he stands on the same footing as those two persons. He is in custody for more than one year ten months. The two other co-accused persons were in custody for about one year ten months. 3. Learned State Advocate while opposing the bail prayer says that this petitioner does not stand on the same footing as the other two persons in so far as the merits of the case are concerned. He is the owner of the Bolero car from which part of contraband item was seized. However, in his usual fairness he does not dispute that in so far as the period of detention and delay in 2 progress of trial are concerned, this petitioner is similarly circumstanced as the other two persons mentioned above. 4. Hence, on the ground of parity, we enlarge the petitioner on bail. 5. Accordingly, we direct that the petitioner, namely, Babu Pal, shall be released on bail upon furnishing a bond of Rs. 25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge under the NDPS Act, Howrah subject to condition that he 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 and on further condition that the petitioner while on bail shall not enter within the jurisdiction of the District of Howrah and shall meet the O.C./I.C. of the concerned Police Station, where he will reside, once in a week until further orders. 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 server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )