51 21-02-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 135 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Lalgola Police Station Case No. 441 of 2023 dated 08.10.2023 under Sections 21(c) of the NDPS Act. - A n d - In the matter of : Ruhul Sk @ Rahul Sk .... Petitioner. Mr. Soumya Basu Roy Chowdhury, Mr. A. Rahaman, … For the Petitioner. Mr. Bibaswan Bhattacharyya, Ms. Sonali Bhar, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner was arrested on October 8, 2023. The charge sheet without the FSL report was filed on April 3, 2024. 180 days from the date of the petitioner’s arrest expired on April 4 2024. The petitioner applied for bail before the learned Trial Court on May 24, 2024. His bail prayer having been rejected, he is before us by way of this application. 2. Learned State Advocate tells us that the FSL report was filed before the learned Trial Court along with supplementary charge sheet on September 3, 2024. 3. We, therefore, see that before the FSL report was brought on record and after 180 days from the date of his arrest, the petitioner applied for bail before the learned Trial Court irrespective of whether or not the words statutory bail was used in the petition, he was entitled to bail going by the ratio of the decision in the case of Idul Mia-vs.-State of West Bengal, reported in 2024 SCC Online Cal 9109. 4. Hence, we are constrained to enlarge the petitioner on bail. 2 5. Accordingly, we direct that the petitioner, namely, Ruhul Sk @ Rahul Sk, shall be released on bail upon 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 hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall remain within the jurisdiction of the concerned police station and shall meet the I.C of the concerned police station once in a fortnight until further orders. 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. )