Haran Fakir v. State Of West Bengal

07.02.2024 tkm/ct 28 C.R.M. (DB) 389 of 2024 sl no. 45 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Sankrail P.S case no. 1126 of 2021 dated 15.9.2021 under sections 395/412 IPC and Allowed In Re : Haran Fakir ... petitioner Sk Toslim Ali ...... for the petitioner Mr. Soumik Ganguly ...... for the State

1. Heard learned lawyers for the parties.

2. We have considered the materials on record. Petitioner is in custody for 750 days. There is delay in trial. Co-accused have been enlarged on bail.

3. Under such circumstances, we are inclined to grant bail to the petitioner on parity.

4. 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 CJM Howrah 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.

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 being CRM (DB) 389 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)