80 18-02-2025 CRM (NDPS) 126 of 2025 (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 Bagdah Police Station Case No.669 of 2024 dated 13.07.2024 under Section 21(c) of the Narcotic Drugs & Phychotropic Substances Act 1985. - A n d - In the matter of : Dukhi Mondal @ Dukhe. .... Petitioner. Mr. Antarikhya Basu, Ms. Madhumita Basak, … For the Petitioner. Mr. Anand Kesari, Mr. Rajashree Tah, … For the State. Order dictated by Arijit Banerjee, J. 1. The petitioner prays for statutory bail relying on the Division Bench judgment in the case of Idul Mia reported in 2024 SCC OnLine Cal 9109. 2. The petitioner was arrested on July 13, 2024. Chargesheet, without the FSL report, was filed on January 7, 2025. 180 days from the date of the petitioner’s arrest expired on January 9, 2025. The petitioner applied for statutory bail before the learned Trial Court on January 13, 2025. The learned Trial Court rejected the bail application. Therefore, the petitioner has approached us. 3. Learned State advocate, in his usual fairness, tells us that the chemical report is still not available. 4. We, therefore, see that this case is squarely covered by the ratio in the case of Idul Mia (Supra). Signed By : SANDIP DE High Court of Calcutta 19 th of February 2025 12:27:29 PM 2 5. Hence, we have no choice but to allow the petitioner’s prayer for statutory bail. 6. Accordingly, we direct that the petitioner, namely, Dukhi Mondal @ Dukhe shall be released on bail upon furnishing a bond of Rs. 25,000/ 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), Barasat, North 24- Parganas subject to the condition that the petitioner shall remain within the jurisdiction of the Bagdah Police Station and shall meet the Inspector-in-Chage, Bagdah Police Station, once in a week until further orders. 7. 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. 8. 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. 9. The application for bail is, accordingly, allowed. 10. 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 19 th of February 2025 12:27:29 PM