Calcutta High Court (Appellete Side)
Nasim Ahmed & Anr vs Unknown on 11 March, 2025
11.03.2025
Item no. 43.
Court No.29.
AB
(Interim Bail)
CRM (NDPS) 249 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 Airport
Police Station Case No.151 of 2020 Dated 16.09.2020 under
Sections 20(b)(ii)(c)/28/29 of the NDPS Act
And
In the matter of : Nasim Ahmed & Anr.
......Petitioners.
Mr. Debasis Kar,
Mr. Husen Mustafi ......for the Petitioners.
Mr. Antarikhya Basu,
Mr. Dattatreya Dutta ......for the State.
Dictated by Arijit Banerjee, J.
1. The petitioners claim parity citing an order dated
February 5, 2025, passed by a Coordinate Bench in
CRM (NDPS) 2001 of 2024, whereby a co-accused
person by the name of Jagannath Niriki was enlarged on
interim bail primarily on the touchstone of Article 21 of
the Constitution of India. That person was in custody
for 4 years and 5 months. Only 2 out of 13 charge sheet
named witnesses had been examined. The petitioners
herein say that they stand on the same footing as
Jagannath Niriki.
2. Learned State Counsel, while opposing the bail prayer,
in his usual fairness, does not dispute that these
petitioners are similarly circumstanced as Jagannath
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Niriki insofar as the delay in progress of the trial and
period of detention are concerned.
3. Hence, on the ground of parity, we are inclined to grant
interim bail to the petitioners.
4. Accordingly, we direct that the petitioners, namely
NASIM AHMED & MOHAMMAD SHAHNABAZ shall be
released on interim 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, and on further conditions that they shall
remain within the jurisdiction of the Barrackpore Police
Station and shall meet the Officer in charge /Inspector
in charge, Barrackpore Police Station once in a week
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,
the trial court shall be at liberty to cancel the
petitioners’ interim bail in accordance with law without
further reference to this Court.
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7. This order of interim bail shall continue till the end of
April, 2025, or until further order, whichever is earlier.
8. List this matter once again on April 25, 2025. On that
date, the State shall file a status report.
9. If the trial concludes by delivery of judgment before the
adjourned date, the parties will be at liberty to mention
this matter before this Court.
10. We make it clear that if the petitioners are convicted by
the learned Trial Court, this order of interim bail shall
automatically stand cancelled.
11. Parties shall communicate this order to the learned Trial
Court forthwith.
12. All parties shall act in terms of server copy of the order
downloaded from the official website of this Court.
(Om Narayan Rai, J.) (Arijit Banerjee, J.)
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