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SURYA KANT, ABHAY S. OKA
Nitish Adhikary @ Bapan – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. details of the petitioner and case background. (Para 1 , 2 , 3) |
| 2. court's reasoning for granting bail. (Para 4) |
| 3. conclusion and terms of bail granted. (Para 5 , 6 , 7) |
ORDER :
2. The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS Act, registered at Police Station Bongaon, West Bengal.
4. Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.
6. The Special Leave Petition is disposed of on the afore stated terms.
The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
Bail should be granted when the accused has been in custody for a significant period without substantial evidence against them.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
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