13.05.2025 Item no. 15 Ct. No. 29 BD. (ALLOWED). C.R.M. (NDPS) 534 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 Officer- in-Charge of Excise EIB Sealdah Check Post under Barrackpore Excise Division, North 24 Parganas, Excise S.I. in respect of SL. No. 07/2023 dated 29.09.2023 under section 8(c) and punishable under section 21(c) and 29 of the NDPS Act, now numbered as N-11/2023 In the matter of : Deep Biswas @ Babai …. Petitioner. Mr. Debasish Kar …for the Petitioner. Mr. Sukanya Bhattacharya Ms. Debjani Sahu ...for the State It is submitted on behalf the petitioner that the petitioner was arrested on the basis of the co-accused statement. However, 36 bottles of cough syrup containing narcotic substance was recovered from his possession and he is in custody for about one year eight months. He further submits that some of the co-accused persons have been granted bail by the Hon’ble Supreme Court and he is almost on the same footing with that of accused Samir Paul @ Samir Pal, who has been granted bail by the Hon’ble Supreme Court on 15.04.2025. Accordingly, he prayed for bail on any terms and conditions. Learned counsel appearing on behalf of the State vehemently opposed the prayer for bail contending that the prayer for bail of the present petitioner was rejected 2 by this High Court thrice and lastly it was rejected on 3rd March, 2025. Learned counsel appearing on behalf of the petitioner in reply submits that after rejection of his bail prayer by this Court, the prayer for bail of Samir Paul @ Samir Pal, was allowed on 15th April, 2025 with whom the present petitioner is almost on the same footing. Having heard learned counsel appearing on behalf of both the parties and also considering the period of incarceration and that the charge has not yet been framed in the present case and about eighteen witnesses may be required to be examined during trial and nobody knows when the trial would conclude and that the present petitioner is almost on the same footing with that of co-accused Samir Paul @ Samir Pal, who has been granted bail by the Supreme Court on 15th April, 2025, the prayer for bail is considered and allowed, solely on the touchstone of petitioner’s right guaranteed under Article 21 of the Constitution of India to get speedy trial. Accordingly, the petitioner namely, Deep Biswas @ Babai, shall find bail of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Barasat, and also on condition that the petitioner shall not leave the jurisdiction of the trial court and shall meet the Investigating Officer once in a week until further orders of this court. 3 It is further ordered that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his cell phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. The petitioner 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) 534 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.) 4