34 05-02-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 1966 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 Raninagar Police Station Case No. 263 of 2024 dated 07.05.2024 under Sections 21(C)/29 of the NDPS Act. - A n d - In the matter of : Chhabi Sekh @ Chabi Sk @ Chobi Sk. .... Petitioner. Mr. Somnath Adhikary, … For the Petitioner. Mr. Koushik Kundu, Mr. S. Dutta, … For the State. Order dictated by Arijit Banerjee, J.: 1. Report filed by the State be kept with the records. 2. We find that this Bench granted statutory bail to a co- accused person by an order dated January 16, 2025 passed in CRM (NDPS) 1933 of 2024, primarily on the basis of the ratio of the decision in the case of Idul Mia-vs.-State of West Bengal, reported in 2024 SCC Online Cal 9109, which is to the effect that if chemical report is not filed with the charge sheet in an NDPS case, after expiry of 180 days from the date of the arrest of the accused, he becomes entitled to statutory bail. We find that this petitioner stands on the same footing as the co-accused person, namely, Rezbul Sk @ Rejbul Sekh. 3. While opposing the bail prayer, learned State Advocate does not dispute that this petitioner is similarly circumstanced as the aforesaid Rezbul Sk @ Rejbul Sekh. 4. Hence, on the ground of parity, we enlarge the petitioner on bail. 5. Accordingly, we direct that the petitioner, namely, Chhabi Sekh @ Chabi Sk @ Chobi Sk., shall be released on bail upon 2 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, Berhampore, Murshidabad subject to condition that he shall appear before the trial court on every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. 6. 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. )