29 13-02-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 33 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 Kanksa Police Station Case No. 387 of 2019 dated 28.11.2019 under Sections 22(C)/29 of the NDPS Act. - A n d - In the matter of : Himanshu Singh .... Petitioner. Mr. Sk. Salim Mr. B. Tiwari, … For the Petitioner. Mr. Joydeep Roy, Mr. S. Gani, … For the State. Order dictated by Apurba Sinha Ray, J.: 1. Learned Advocate for the petitioner submits that the petitioner has been languishing in judicial custody for about five years two months. Only one out of eleven charge sheet named witnesses has been examined till date. There is no chance of an early conclusion of the trial. If the petitioner is enlarged on bail, he will comply with all the conditions as may be imposed upon him. 2. Learned State Advocate opposes the bail prayer. He submits that the delay occurred due to the abscondence of two other accused persons. However the case record has been split up in the year 2023 and out of eleven witnesses one witness has been examined. The prosecution will try to complete the trial within a very short span of time. 3. We have considered the materials on record. We find that two accused persons were absconded but there is no fault on the part of the present petitioner. The fundamental right to speedy justice cannot be overlooked by any other consideration. 2 4. As there is no chance of an early conclusion of the trial and in view of the materials on record that the petitioner has been able to override the restrictions imposed under Section 37 of the NDPS Act and also considering the period of his custodial detention, we are constrained to enlarge the petitioner on bail on certain conditions. 5. Accordingly, we direct that the petitioner, namely, Himanshu Singh, 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, Asansol, Paschim Bardhaman 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 remain within the jurisdiction of Asansol police station and shall meet the I.C of the concerned police station twice in every week until further orders. The petitioner shall furnish his current address to the I.O. of the case as well as to the learned trial Court. 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. )