Thakurdas Adhikary v. State Of West Bengal

13.02.2023 tkm/ct 28 C.R.M. (DB) 583 of 2023 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Taherpur P.S case no.518 of 2022 dated 12.11.2022 under sections 447/323/324/325/308/506/34 IPC and Allowed In Re : Thakurdas Adhikary ...... petitioner Mr. S Bhattacharyya ...... for the petitioner Mr. T K Ghosh Mr. Arindam Sen ...... for the State Petitioner is in custody for 89 days. It is contended there is delay in lodging FIR. He prays for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. There is delay in lodging FIR. Balancing the nature of accusation with the period of detention suffered by the petitioner, 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 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.

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) 583 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)