Surojit Nayansu v. State Of West Bengal

05.02.2024 sdas Allowed C.R.M.(DB) No. 103 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dadpur Police Station Case No. 266 of 2023 dated 29.10.2023 under Sections 364A/504/506 of the Indian Penal Code.

And In Re : Surojit Nayansu ..... petitioner Mr. Navanil De Mr. B. Nandy Mr. R. K. Shah Mr. Sudipta Basu ... for the petitioner Mr. Joydeep Roy Mr. Amanul Islam ... for the State Ms. Sayani Murmu .... for the de facto complainant

1. Learned Counsel for the petitioner submits he is the driver of the vehicle. It is also submitted he was unaware of the evil design of others who had abducted and demanded ransom. He prays for bail.

2. Learned Counsel for the State produces the case diary.

3. Learned Counsel for the de facto complainant submits petitioner was merely the driver of the vehicle. Hence, he does not oppose the bail application of the petitioner.

4. We have considered the materials on record. Keeping in mind the submissions made at the Bar that the petitioner was the driver of the vehicle and did not play any part in the

conspiracy to abduct the victim for demand ransom, we are inclined to grant bail to him.

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Hooghly at Chinsurah, subject to conditions that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)