42. 05.02.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1986 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Dhubulia Police Station Case No. 458/2023 dated 17.09.2023 under Sections 20(b)(ii)(C)/25/29 of the NDPS Act, 1985. And In the matter of: - MANOJ SARKAR …petitioner. Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose …for the petitioner. Ms. Sreyashee Biswas Ms. Eshita Dutta …for the State. Dictated by Arijit Banerjee, J. 1. Report filed by the State be kept with the records. 2. From the report we find that the petitioner does not have criminal antecedents. 3. The petitioner relies on an order dated November 12, 2024, passed in Petition(s) for Special Leave to Appeal (Crl.) No(s). 12535/2024 (Prakash Roy v. The State of West Bengal), whereby the Hon’ble Apex Court was pleased to enlarge on bail a co-accused person. The petitioner also refers to an order dated December 20, 2024, in CRM (NDPS) 1786 of 2024, passed by this Bench, whereby another co-accused person was released on bail. The petitioner says that he is similarly circumstanced as those two persons who were enlarged on bail. Signed By : TANMOY GHOSH High Court of Calcutta 6 th of February 2025 11:28:14 AM 2 4. Learned State Advocate, while opposing the prayer for bail, in her usual fairness, does not dispute that this petitioner is similarly circumstanced as the other two accused persons who have been enlarged on bail by the Hon’ble Apex Court and by this Court insofar as the merits as well as the period of detention are concerned. 5. Hence on the ground of parity, we allow the petitioner’s prayer for bail. 6. Accordingly, we direct that the petitioner, namely, MANOJ SARKAR shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (under NDPS Act) at Krishnagar, Nadia, subject to condition that the petitioner shall appear before the Trial Court on each and 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 and on further condition that the petitioner, while on bail, shall remain within the territorial jurisdiction of Kotwali Police Station, Krishnagar and shall meet the Inspector-in-Charge/Officer-in-Charge of the said Police Station once every week, until further orders. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Signed By : TANMOY GHOSH High Court of Calcutta 6 th of February 2025 11:28:14 AM 3 Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. The application for bail being CRM (NDPS) 1986 of 2024 is accordingly disposed of. 9. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By : TANMOY GHOSH High Court of Calcutta 6 th of February 2025 11:28:14 AM