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Calcutta High CourtCRM (DB)/157/2022allowed

Atish Kumar Alias Banty Alias Banti v. State Of West Bengal

2022-02-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

01.02.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(DB) 157 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chittaranjan Police Station Case No. 04 of 2021 dated 17.01.2021 under Sections 302/120B/34 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act.

And In Re : Atish Kumar @ Banty @ Banti ...... petitioner Mr. Bellal Sk.

Mr. P. Chakraborty .....for the petitioner Mr. Neiguive Ahmed Ms. Amita Gaur ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that, the petitioner is in custody for 366 days. The police filed charge-sheet. The petitioner is not named in the First Information Report. Persons named in the First Information Report were granted bail.

Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the contents in the case diary.

Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, we grant bail to the petitioner.

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, Paschim Bardhaman, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)