Uttam Bed @ Uttam Kumar Bed And ANR. v. State Of West Bengal

14.

18-03-2025 (ct. no.29) (allowed) debajyoti CRM (DB) 592 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Berhampore Police Station Case No.708 of 2023 dated 01-06-2023 under Sections 341/325/307/302/34 of the Indian Penal Code.

- A n d - In the matter of : Uttam Bed @ Uttam Kumar Bed & Anr. .... Petitioners.

Mr. Ali Ahasan Alamgir, Ms. Soma Mal, Ms. Rabia Khatoon, Ms. June Modak ... For the Petitioners.

Mr. Avishek Sinha, Mr. Asif Dewan ... For the State.

Mr. Md. Mansoor Alam ... For the defacto complainant.

Dictated by Arijit Banerjee, J.

1. The petitioners claim parity citing orders dated January 22, 2025 and February 20, 2025, passed respectively in CRM (DB) 3278 of 2024 and CRM (DB) 4255 of 2024, whereby two co-accused persons by the name of Saberi @ Sabari Bed @ Sabori Bed and Sagar Bedh @ Sagar Bed were enlarged on bail. The petitioners say that stand on the same footing as the aforesaid two persons.

2. Learned advocate for the State, while opposing the prayer for bail, in his usual fairness, does not dispute that these petitioners are similarly circumstanced as Saberi @ Sabari Bed @ Sabori Bed and Sagar Bedh @ Sagar Bed.

3. Hence, on the ground of parity, we allow the present application for bail.

4. Accordingly, we direct that the petitioners, namely, Uttam Bed @ Uttam Kumar Bed and Rup Kumar Bed, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Berhampore.

The petitioners shall appear before the learned trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and/or commit any cognizable offence in any manner whatsoever.

5.

In the event the petitioners fail to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

6. The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)