Soumen Pandit @ Cherry v. State Of West Bengal

01.02.2024 Sl. No.40 akd [ALLOWED] C. R. M. (DB) 303 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.01.2024 in connection with Khanakul Police Station Case No.522 dated 30.11.2022 under Sections 143/341/323/325/326/307/506/34 of the Indian Penal Code. (G.R. Case No.1427 of 2022) And In Re: Soumen Pandit @ Cherry ... ... Petitioner Mr. Niladri Sekhar Ghosh Mr. Sourov Mondal Ms. Sompurna Chatterjee Mr. Rony Mondal Ms. Labani Sikder ... ... for the petitioner Mr. Jaydeep Biswas ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about a month. Co-accused have been enlarged on bail. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Co-accused have been enlarged on bail. Petitioner stands on the same footing with the said co-accused. In view of the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Soumen Pandit @ Cherry, 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 Additional Chief Judicial Magistrate, Arambagh, Hooghly 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.

5. 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.

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