Calcutta High CourtCRM (DB)/321/2023allowed

Raj Debnath @ Raja v. State Of West Bengal

2023-01-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

30.01.2023 tkm/ct 28 C.R.M. (DB) 321 of 2023 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S case no.211 of 2021 dated 17.4.2021 under sections 341/325/326/307/34 IPC and 25/27 of the Arms Act and Allowed In Re : Raj Debnath @ Raja ...... petitioner Mr. Tapas Kr Mondal ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Petitioner is in custody for 215 days. He renews his prayer for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. There is no progress in the matter since rejection of bail by this court. Balancing the nature of accusation with the period of detention suffered by the petitioner and as there is no progress in the matter since rejection of bail by this court in September 2022, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM Ranaghat, Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter the jurisdiction of Ranaghat P.S until further orders except for purpose of meeting investigating officer and shall provide address where he shall presently reside to the

investigating officer as well as to the court below and shall report to the officer in charge of the P.S concerned within whose jurisdiction he shall presently reside once in a week until further orders.

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 being CRM (DB) 321 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)