Samir Biswas v. State Of West Bengal

25.01.2023 Sl. No.32 akd [ALLOWED] C. R. M. (DB) 294 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.01.2023 in connection with Krishnagar Kotwali Police Station Case No.1031 of 2022 dated 06.10.2022 under Sections 326/307 of the Indian Penal Code.

And In Re: Samir Biswas ... ... Petitioner Mr. Prabir Majumder Mr. Snehansu Majumder Ms. Sangeeta Chakraborty ... ... for the petitioner Mr. Prasun Kr. Datta .. ld. Addl. Public Prosecutor Mr. Santanu Deb Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 112 days. Investigation is complete. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Whether the injuries are life-threatening may be assessed during trial. Balancing the nature of accusation with the period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Samir Biswas, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition that the said petitioner 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.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)