Extracted from the PDF above. The PDF is authoritative.
38 16-01-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 1924 of 2024
In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Samsherganj Police Station Case No. 139 of 2024 dated 08.03.2024 under Section 21(C)/29 of the NDPS Act. - A n d -
In the matter of : Mukesh Kumar & Anr. .... Petitioners. Mr. Arnab Chatterjee, Mr. D. Biswas, Ms. P. Bose, … For the Petitioners. Mr. Joydeep Roy, Mr. Kutubuddin, … For the State.
Order dictated by Arijit Banerjee, J.:
1. The petitioners claim parity citing an order dated January 7, 2025 passed in CRM (NDPS) 1862 of 2024 whereby two co- accused persons were granted bail by this Bench. The petitioners say that they stand on the same footing as those two accused persons.
2. Learned State Advocate while opposing the prayer for bail, in his usual fairness does not dispute that the petitioners herein are similarly circumstanced as the aforesaid two persons who were granted bail by this Court.
3. Hence, on the ground of parity, we enlarge the petitioners on bail.
4. Accordingly, we direct that the petitioners, namely, Mukesh Kumar and Anupam Kumar, shall be released on bail upon furnishing a bond of Rs. 25,000/- each, 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, Berhampore,
2 Murshidabad, subject to condition that they 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 petitioners while on bail shall not leave the jurisdiction of the Berhampore Police Station and shall meet the I.C. of the said police station once every fortnight until further orders.
5. In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners’ bail in accordance with law without further reference to this court.
6. The application for bail is, accordingly, allowed.
7. 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. )