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SUPREME COURT OF INDIA
SURYA KANT, ABHAY S. OKA, JJ.
Nitish Adhikary @ Bapan - Appellant
Versus
State of West Bengal – Respondent
Petition(s) for Special Leave to Appeal (Crl) No(s). 5769 of 2022
Decided On : 01-08-2022
| 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 :
1. As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.
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.
3. During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.
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.
5. The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.
6. The Special Leave Petition is disposed of on the afore stated terms.
7. Pending application(s), if any, shall stand disposed of.
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....
The court granted bail under the Narcotic Drugs and Psychotropic Substances Act considering prolonged incarceration and trial commencement.
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.
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