Lab Karmakar @ Lob Karmakar v. State Of West Bengal

113.

24.03.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 597 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Noapara Police Station Case No.193/2023 dated 03.08.2023 under Sections 326/307/201/120B/34 of the IPC, 1860 & Sections 25(1B)(a)/25/35 of the Arms Act. And In the matter of: - Lab Karmakar @ Lob Karmakar. ...petitioner.

Mr. Arindam Jana, Mr. Subhajit Chowdhury, Mr. Yuvraj Chatterjee ...for the petitioner.

Mr. Soumik Ganguly, Ms. Debjani Sahu ...for the State.

Dictated by Arijit Banerjee, J.

1. Status report filed by the State be kept with the record.

2. We find from the report that only 6 out of 27 charge-sheet named witnesses have been examined till date. There is no certainty as to when the trial will conclude.

3. The charge is of attempted murder. Although we cannot say that there is absolutely no incriminating evidence against the petitioner, yet, on the ground of delay in progress of the trial

and seeing that there is no possibility of the trial ending soon, we are inclined to allow the prayer for bail.

4. Accordingly, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Lab Karmakar @ Lob Karmakar. shall be released on bail upon furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand) to the satisfaction of learned Additional District & Sessions Judge, 3rd Court, Barrackpore, North 24 Parganas. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the Titagarh Police Station and shall meet the I.C. of the Titagarh Police Station once in a week, until further orders.

6. In the event the petitioner fails 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.

7. The application for bail being CRM (DB) 597 of 2025 is, thus, disposed of.

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

9. 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.)