Calcutta High Court

CRM(NDPS)/576/2026 of KONIKA BARMAN @ KANIKA BARMAN Vs THE STATE OF WEST BENGAL on 18 September 2026

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Court No.35. D/L.10. Rakib (Allowed) In the High Court at Calcutta

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18.09.2026 Court No.35. D/L.10. Rakib (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

CRM (NDPS) 576 of 2026

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 Kharibari Police Station case no. 04 of 2026 dated 05.01.2026 under Sections 21(b)/21(c)/29 of the NDPS Act.

And In the matter of : Konika Barman @ Kanika Barman

……Petitioner. Mr. Subhadip Dhara

.....for the Petitioner. Mr. Avrojyoti Das, Ld. APP Mr. Bapi Sarkar Mr. Mayank Bhandari

……for the State.

Learned advocate appearing for the petitioner submits that petitioner has been implicated on the basis of statement of co- accused. No materials have been recovered from the exclusive possession of the present petitioner. As such, she may be released on bail. Learned advocate appearing for the State opposes the prayer for bail and submits that the recovery was from the house of the present petitioner. She fled away from the house. Records of the case reflect that the house was occupied by the father and the daughter. There is a specific statement of the father that the daughter was also involved or assisted him in the said business. Such a statement was before the police officer. Except the same, the only allegation is that petitioner fled away from the spot. Petitioner is a lady. There are no criminal antecedents, neither any money trail is their so far as the present petitioner is concerned. Having considered the same, I am of the opinion that petitioner be released on bail. Accordingly, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Konika Barman @ Kanika Barman shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court (under NDPS Act), Siliguri, Darjeeling. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Darjeeling without prior permission of the learned Special Court. Additionally, in case petitioner goes out of the limits of district of Darjeeling, petitioner will seek permission of the learned Special Court and thereafter leave the jurisdiction of the district. With the aforesaid observations, CRM (NDPS) 576 of 2026 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)

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