Lakshmikanta Jana @ Narayan Jana And ANR v. State Of West Bengal

08.02.2023 Sl. No.46 akd [ALLOWED] C. R. M. (DB) 502 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.02.2023 in connection with Chandipur Police Station Case No.121 of 2020 dated 07.06.2020 under Sections 447/448/323/325/307/506/34 of the Indian Penal Code. (G.R. Case No.934 of 2020) And In Re: Lakshmikanta Jana @ Narayan Jana & Anr. ... ... Petitioners Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... ... for the petitioners Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Ms. Ayantika Roy ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 120 days. Co-accuseds have been enlarged on bail. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Co-accuseds have been enlarged on bail. Under such circumstances and in view of the period of detention suffered by the petitioners, we are of the opinion further detention of the accuseds/petitioners is not necessary. Therefore, the accuseds/petitioners, namely (1) Lakshmikanta Jana @ Narayan Jana & (2) Kartick Jana, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur at Tamluk subject to condition that the said petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)