31 21-01-2025 CRM (NDPS) 1902 of 2024 (ct. no.29) S. De (Allowed) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Chatterjeehat Police Station Case No. 63 of 2023 dated 15.04.2023 under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs & Phychotropic Substances Act 1985. - A n d - In the matter of : Birendra Ram. .... Petitioner. Mr. Soumya Basu Roy Chowdhury, … For the Petitioner. Mr. Anand Keshari, Mr. Atanu Ghosh, … For the State. Order dictated by Arijit Banerjee, J. 1. Status report filed by the State be kept with the records. 2. The petitioner says that he is in custody for 1 year and 9 months. Even the examination-in-chief of the PW-1 is not complete. 3. We see from the status report that the prosecution intends to examine all 13 chargesheet named witnesses. Hence, there is very little possibility of an early conclusion of the trial. The petitioner is in custody for a long period of time. 4. Hence, without touching the merits of the case and considering the period of detention of the petitioner coupled with practically no possibility of early conclusion of the trial, solely on the touchstone of Article 21 of the Constitution of India, we feel impelled to allow the prayer for bail. 5. Accordingly, we direct that the petitioner, namely, Birendra Ram shall be released on bail upon furnishing a bond of Rs. 25,000/ with two sureties of Rs.12,500/- each, one of whom Signed By : SANDIP DE High Court of Calcutta 22 nd of January 2025 04:27:46 PM 2 must be local, to the satisfaction of the Learned Judge, Special Court (under the NDPS Act), Howrah, subject to the condition that the petitioner shall remain within the jurisdiction of the Howrah Police Station and shall meet the Officer-in- Charge/Inspector-in-Charge of the Howrah Police Station, once in every week until further orders 6. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. 7. 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. 8. The application for bail is, accordingly, allowed. 9. 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. ) Signed By : SANDIP DE High Court of Calcutta 22 nd of January 2025 04:27:46 PM