17.06.2025 Item no. 28 Ct. No. 29 BD. (ALLOWED). C.R.M. (NDPS) 491 of 2025 In Re:- An application for bail under section 439 of the Code of Criminal Procedure, 1973 correspondence under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Technocity Police Station Case No. 126 of 2022 dated 06/07/2022 under sections 21(C)/28/29 of the NDPS Act, now numbered as N- 101/2022. In the matter of : Rehab Ali Mollah & Anr. …. Petitioners. Mr. Debasish Kar Mr. Husen Mustafi …for the Petitioners. Mr. Antarikhya Basu Mr. Parvez Anam ...for the State It is submitted on behalf of the petitioners that this is the third bail prayer of the petitioners and earlier two were rejected. He further submits that by the order dated 22.08.2024 this High Court while rejecting the bail prayer specifically observed that the petitioners are in custody for more than two years and accordingly directed the trial court to expedite the trial to the fullest extent and conclude the same at an early date and definitely within six months from the next date fixed for recording evidence. He accordingly submits that since then prosecution could examine only four witnesses out of eight witnesses they proposes to examine and nobody knows when the trial would be concluded. He further submits that they are in custody for about three years since 6.7.2022 and he further submits that out of the 2 witnesses examined so far, one seizure witness did not support prosecution case. Mr. Basu, learned counsel appearing on behalf of the State vehemently opposed the bail prayer contending that 812 gms. of heroin was recovered from the possession of the petitioners and the case is currently pending before learned Additional District and Sessions Judge, Barasat, where the next date for evidence has already been fixed on 07.07.2025 for examination of the rest four charge-sheeted witnesses, and as such examination of rest witnesses are going to be concluded very soon. Having considered the submissions made on behalf of both the parties it appears that in spite of the specific direction made by this Court on 22.08.2024, the prosecution could examine only four witnesses out of eight witnesses they proposes to examine and it is quite uncertain as to when the entire trial would be concluded and the petitioners are in custody for about three years. Having considered the submissions made on behalf of both sides, the prayer for bail made by the petitioners is allowed solely on the touchstone of Article 21 of the Constitution of India. Accordingly, the petitioners namely, Rehab Ali Mollah and Mohmood Alam shall find bail of Rs. 20,000/- each with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the 3 satisfaction of learned Chief Judicial Magistrate, Barasat, and also on condition that the petitioners shall not leave the geographical limit of the district North 24 Parganas, without the leave of the trial court till further order and shall report to the Inspector-in-charge, Technocity Police Station, Barasat, once in a week until further order. 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. 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) 491 of 2025 is, thus, allowed. 4 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.)