21.02.2025 Item no. 27. Court No.29. AB (Allowed) CRM (NDPS) 86 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhatpara Police Station Case No.696 of 2021 Dated 21.11.2021 under Sections 21(c)/29 of the NDPS Act And In the matter of : Harichand Biswas @ Raja & Anr. ……Petitioners. Mr. Joy Chakraborty, Mr. Sandip Dinda, Mr. Ranjit Malakar ……for the Petitioners. Mr. Ranadeb Sengupta Ms. Puja Goswami ……for the State. Dictated by Apurba Sinha Ray, J. 1. Learned Counsel for the petitioners has submitted that the petitioners are in custody for almost three years and three months. Only 1 witness out of 9 charge sheet named witnesses has been examined. There is no chance of an early conclusion of the trial. The charge was framed on July 30, 2022. They may be enlarged on bail on any condition. 2. Learned Counsel for the State opposes the prayer for bail. According to him, 1300 bottles of phensedyl syrup have been recovered from the possession of the petitioners. Moreover, there are sufficient incriminating materials against the present petitioners. If the petitioners are enlarged on bail, the prosecution may suffer. 2 3. We have found that the petitioners are in custody for almost three years and three months and further, there is no chance of an early conclusion of the trial. The delay in trial cannot be attributed to the present petitioners as per the report submitted by the concerned police personnel. The fundamental right of an accused person to get speedy trial cannot be overlooked by any other considerations. Hence, solely on the ground of delay in progress of the trial, we are inclined to allow the petitioners’ prayer for bail, but on stringent conditions. 4. Accordingly, we direct that the petitioners, namely HARICHAND BISWAS @ RAJA and MITUL BISWAS @ MITHUN shall be released on bail upon furnishing a bond of Rs.25,000/-each, with two sureties of Rs.12,500/-each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act at Barrackpore, North 24 Parganas, and on further conditions that they shall remain within the jurisdiction of the Barrackpore Police Station and shall report to the Inspector-in-Charge of the Barrackpore Police Station once in a fortnight until further orders. 5. The petitioners 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 and/or commit any cognizable offence in any manner whatsoever. 6. In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, 3 the trial court shall be at liberty to cancel the petitioners’ 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.)