Satal Kirtaniya @ Shital Kirtainya Vs the State of West… — Bail and Remand | Calcutta HC (2026)

Satal Kirtaniya @ Shital Kirtainya Vs the State of West… — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to the petitioner on a bond of Rs. 10,000/- with two sureties of the like amount (one local), subject to conditions of regular trial attendance, non-tampering/non-intimidation of the complainant and family, abstention from similar offences, and not leaving the trial court's jurisdiction until further orders; liberty to the prosecution to move for cancellation of bail on violation.

Issue for consideration

Whether the petitioner, arraigned in NDPS Case No. 491 of 2025 under Sections 8(c)/20(b)(ii)(C)/29 of the NDPS Act, should be released on bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Taking into account the facts and circumstances of the case, the petitioner is released on bail of Rs. 10,000/- with two sureties of the like amount (one of whom must be local), to the satisfaction of the learned Additional Sessions Judge, 1st Court at Jalpaiguri, subject to conditions that the petitioner shall appear/attend the trial regularly before the learned Trial Court, shall not threaten, tamper or intimidate the complainant or members of the complainant's family, shall not commit similar offences in future, and shall not leave the jurisdiction of the learned Trial Court until further orders.

Ratio / Principle

In case the petitioner violates any of the bail conditions, the prosecution is at liberty to move for cancellation of bail.

Detailed headnote1 paragraphs

Bail - NDPS - Section 439 CrPC / Section 483 BNSS - Calcutta High Court (Jalpaiguri Circuit Bench) allowed regular bail to the petitioner arraigned in NDPS Case No. 491 of 2025 (Sections 8(c)/20(b)(ii)(C)/29, NDPS Act) arising out of NJP GRPS Case No. 57 of 2025, in which around 24.87 kg. of ganja-like substance was recovered from co-accused Sushanta Sarkar and the petitioner was named in his statement; the charge-sheet stood filed, the petitioner had spent about 240 days in custody, and a Co-ordinate Bench had earlier admitted a similarly placed co-accused to anticipatory bail (CRM(A) 836 of 2025, order dated 15.12.2025). Bail granted on a Rs. 10,000/- bond with two like sureties (one local), subject to conditions of regular trial attendance, no threatening/tampering/intimidation of the complainant or family, no commission of similar offences, and no departure from the trial court's jurisdiction; prosecution at liberty to seek cancellation of bail on breach of conditions.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

02.03.2026 Sl. no. 29 Ct. No. 6 P.M. (ALLOWED)

C.R.M. (NDPS) 650 OF 2025

In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 491 of 2025 arising out of NJP GRPS Case No. 57 of 2025 dated 09.07.2025 under Section 8(c)/20(b)(ii)(C)/29 of the Narcotics Drugs & Psychotropic Substances Act.

And

In the matter of : Satal Kirtaniya @ Shital Kirtainya.

…. Petitioner

Mr. Sandeep Dutta,

Ms. Amrapali chaki,

Mr. Anirban Banerjee …. For the petitioner

Mr. Kallol Acharjee, Ms. Namrata Das

… for the State

The case of the prosecution is that around 24.87 kg. ganja like substances were recovered from co-accused Sushanta Sarkar. The case of the defence is that the name of the present petitioner is appeared in the statement of Sushanta Sarkar.

Learned counsel has further submitted that similarly placed accused Khairul Miah @ Sirajul Haque @ Shirajulah Hak was admitted to anticipatory bail by the Co-ordinate Bench of this Court vide order dated 15^th December, 2025 in CRM(A) 836 of 2025.

Learned counsel submits that a charge sheet has already been filed and the present petitioner is in custody for last 240 days.

Learned counsel for the State has opposed the bail application. However, it has fairly been submitted that recovery of contraband article only from Sushanta Sarkar. The charge sheet has already been filed.

Thus taking into the facts and circumstances of this case the petitioner is released on bail of Rs. 10,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of Learned Additional Sessions Judge, 1^st Court at Jalpaiguri subject the condition that the petitioner shall appear/attend the trial regularly before the learned Trial Court and at any point of time shall not threaten, tamper or intimidate the complainant or members of the family in any manner or whatsoever commit similar offence in future. The petitioner shall not leave the jurisdiction of the learned Trial court until further orders. In case the petitioner violates any such condition the prosecution is at liberty to move for cancellation of bail.

This application being CRM (NDPS) 650 of 2025 stands disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

(Dinesh Kumar Sharma, J.)