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2025 DAILYLAW 18166 (CAL)

DEBASISH BAIRAGI AND ORS. v. STATE OF WEST BENGAL

CRM (NDPS)/465/2025 · 2025-04-24

Ajoy Kumar Mukherjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.04.2025 Item no. 19 Ct. No. 29 BD. C.R.M. (NDPS) 465 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 correspondence under section 483 of the BNSS, 2023 in connection with the New Barrackpore Police Station Case No. 23 of 2025 dated 02.02.2025 under section 20 of the N.D.P.S. Act, 1985 now numbered as N-01/2025. In the matter of : Debasish Bairagi & Ors. …. Petitioners. Mr. Debasish Kar …for the Petitioners. Mr. Rana Mukherjee Mr. Mainak Gupta ...for the State It is submitted on behalf of the petitioner that 12.380 Kgs. of ganja was allegedly recovered from the joint possession of the petitioners. He further submits that investigation has already been ended into a charge- sheet. They are in custody since 02.02.2025. Accordingly he prays for bail in any terms and conditions. Learned counsel appearing on behalf of the State submits that the investigation has already been culminated into a chare-sheet and the rigour of section 37 does not attract in the present context since quantity of the narcotic substance seized from the joint possession of the petitioners is not commercial in nature. Having heard learned counsel appearing on behalf of both the parties and that the investigation has already been culminated into a charge sheet and it is not certain 2 when the trial would conclude and that the rigour of section 37 of Indian Penal Code does not attract in the present case, the prayer for bail is considered and allowed. Accordingly, the petitioners namely, Debasish Bairagi, Nisha Ghosh, and Prosenjit Roy shall find bail of Rs. 10,000/- each with two registered sureties of Rs. 5,000/- each of which one must be local, subject to the satisfaction of learned Chief Judicial Magistrate, North 24 Parganas at Barrackpore. It is further ordered that the accused persons shall not mis-use the liberty granted by this Court and they shall not tamper with any evidence orally or documentary during the trial. They shall not absent themselves on any day during trial and shall not commit any offence while on bail. They shall give their cell phone numbers to the local police station and shall not change it without prior permission of the trial court and they shall not in any manner try to delay the trial. The petitioners shall not leave the jurisdiction of the trial court without taking leave from the Court below. In case of violation of any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court. 3 Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merits of the case by this Court. This application for bail being CRM (NDPS) 465 of 2025 is, thus, allowed. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)