Sukumar Mandal Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

Sukumar Mandal Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Petitioner Sukumar Mandal to be released on bail upon furnishing bond of Rs.20,000/- with two sureties of like amount each (one of whom must be local) to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri; conditions: he shall not leave the jurisdiction of the districts of Jalpaiguri and Cooch Behar without prior permission of the learned trial Judge till completion of trial; shall appear before the learned trial Court on every date of hearing; shall not intimidate witnesses or tamper with evidence; on breach without justifiable cause the learned trial Court may cancel his bail in accordance with law without further reference to this Court.

Issue for consideration

Whether the petitioner Sukumar Mandal, who is similarly circumstanced with co-accused Biplab Biswas (already granted bail by this Court), is entitled to be released on bail on parity.

Court's answer

Since the petitioner is similarly circumstanced with the co-accused who was granted bail earlier, he deserves the same benefit of bail.

Ratio / Principle

The prayer for bail of the petitioner is allowed.

Detailed headnote1 paragraphs

Bail — NDPS Act — parity with co-accused. Application under Section 483 of the BNSS, 2023 by Sukumar Mandal, accused in Dhupguri P.S. Case No. 289 of 2024 dated 14.07.2024 under Sections 21(c)/25/29 of the NDPS Act, seeking parity with co-accused Biplab Biswas who had already been granted bail by the High Court at Calcutta (Circuit Bench at Jalpaiguri). The State did not oppose. Holding the petitioner similarly circumstanced with the co-accused, the Court held he deserved the same benefit and allowed the prayer for bail: release on bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of like amount each, one local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, subject to conditions that the petitioner not leave the jurisdictions of Jalpaiguri and Cooch Behar districts without prior permission of the learned trial Judge till completion of trial, appear on every date of hearing, and not intimidate witnesses or tamper with evidence; breach without justifiable cause empowers the trial Court to cancel bail without further reference. Case Diary directed to be returned; application disposed of. (Suvra Ghosh, J.; 08.07.2025.)

51 08.07.2025 Ct.No.2

b.das Allowed

IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

C.R.M. (NDPS) 212 of 2025

In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Dhupguri P.S. Case No. 289 of 2024 dated 14.07.2024 under Sections 21 (c)/25/29 of the NDPS Act.

And In Re : Sukumar Mandal ... Petitioner. Mr. Sudip Guha ... for the Petitioner. Mr. Abhijit Sarkar Mr. Subhasish Misra ... for the State.

The petitioner seeks parity with co accused Biplab

Biswas who has been granted bail by this Court earlier.

Learned counsel for the State does not oppose the said

fact.

In view of the fact that the petitioner is similarly circumstanced with the co accused who has been granted bail earlier, he deserves the same benefit.

Accordingly, prayer for bail is allowed.

The petitioner namely Sukumar Mandal be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri subject to condition that he shall not leave the jurisdiction of the districts of

2

Jalpaiguri and Cooch Behar without prior permission of the learned trial Judge till completion of trial. He shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is thus disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)