48. 26-03-2025 (ct. no.29) debajyoti (allowed) CRM (NDPS) 306 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with S.T.F. Police Station Case No.08 of 2022 dated 13-03-2022 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act. - A n d - In the matter of : Kaosar Sk @ Kausar Sk .... Petitioner. Mr. Soumajit Das Mahapatra, Mr. Abdul Aziz Mondal … For the Petitioner. Mr. Ranadeb Sengupta, Mr. Santanu Talukdar … For the State. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated March 03, 2025 passed in CRM (NDPS) 257 of 2025, whereby a coordinate Bench granted bail to a co-accused person by the name of Sudip Karmakar solely on the touchstone of Article 21 of the Constitution of India in view of the prolonged incarceration of the said accused person and there being no possibility of an early conclusion of the trial. The petitioner says that he stands on the same footing. He is also in custody for almost three years. 2. While opposing the bail prayer, learned State advocate, in his usual fairness, does not dispute that insofar as the period of detention and the delay in progress of the 2 trial is concerned, this petitioner is similarly circumstanced as the said Sudip Karmakar. 3. Hence, on the ground of parity, we allow the petitioner’s prayer for bail. 4. Accordingly, we direct that the petitioner, namely, Kaosar Sk @ Kausar Sk, shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional District & Sessions Judge, Special Judge, NDPS Act, City Sessions Court, Calcutta. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the territorial limits of Kolkata Municipal Corporation except for the purpose of attending the court proceedings and shall appear before the Officer-in- Charge/Inspector-in-Charge of S.T.F. Police Station once in every week, until further orders. The petitioner shall, through his learned advocate, inform the learned trial Court, S.T.F. Police Station and Palashipara Police Station his current local address at Calcutta where he shall be residing while on bail. 5. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 3 8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)