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Calcutta High CourtCRM (DB)/32/2022allowed

Sunny Bhattacharjee And ORS v. State Of West Bengal

2022-01-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

27.01.2022 Sl. 128 Court No.29 suvayan (Allowed) C.R.M. (DB) 32 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.12.2021 in connection with Kotwali P.S. Case No. 1105 of 2021 dated 10/11/2021 under Sections 304/34 of the Indian Penal Code.

And In the matter of: Sunny Bhattacharjee & Ors.

....petitioners.

Mr. Kusal Kumar Mukherjee Mr. Surajit Basu ...for the petitioners.

Mr. Saibal Bapuli Mr. Bibaswan Bhattacharya ...for the State.

Petitioners seek bail.

Learned Advocate appearing for the petitioners submits that the petitioners are in custody for a period of 70 days. Other coaccused were granted bail by the co-ordinate Bench. Learned advocate appearing for the State reliance upon the contents of the case diary.

Considering the fact that the other co-accused were granted bail by the co-ordinate Bench and considering the period of detention of the petitioners and the considering the gravity of the offence and the involvement of the petitioners therein, we grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a Bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Chief Judicial Magistrate, Nadia at Krishnagar subject to the condition that during bail they shall appear before the learned trial court on the date fixed till disposal of the trial and they shall not intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 32 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)