The state government cannot be permitted to apply
different yardsticks for different accused, the Supreme Court said on Wednesday
while granting bail to a man in a criminal case lodged in West Bengal.
The apex court noted the state does not propose to
challenge the order granting anticipatory bail to four other co-accused in the
case, though the court had given suggestions in that regard.
"On the other hand, the state government is
opposing the application for grant of bail of an accused, who has been
incarcerated in jail for a period of about one year and two months," a
bench of Justices B R Gavai and K V Viswanathan said.
"The state government cannot be permitted to
apply different yardsticks for different accused," it said.
The top court was dealing with a plea filed by a
man, who had challenged the Calcutta High Court's July this year order
dismissing his application seeking regular bail in the case lodged in October
2023.
The bench noted that in its September 19 order
passed in the matter, it had observed that grant of anticipatory bail in cases
involving Narcotic Drugs and Psychotropic Substances (NDPS) Act was a very
serious issue.
It said the court had, therefore, directed the state
to consider as to whether it proposes to file an application for cancellation
of bail granted to the other four co-accused.
During the hearing on Wednesday, the counsel
appearing for West Bengal said the state does not propose to challenge the
anticipatory bail granted to the four co-accused.
Opposing the petition, the state's counsel said the
petitioner was involved in a serious offence concerning the NDPS Act.
"Things are clear," the bench orally
observed, adding, "it is all in collusion".
"In that view of the matter, we are inclined to
allow the application. The petitioner is directed to be released on bail, to
the satisfaction of the trial court," the bench ordered and disposed of
the plea.
It noted that the petitioner had prayed for regular
bail on the ground that four other accused were already granted the benefit of
anticipatory bail.