Chandan Ghosh @ Prakash Ghosh And ORS v. State Of West Bengal

C.R.M. (DB) 601 of 2022 AD 03.03.2022 Ct. No.29 (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Rampurhat P.S. Case No. of dated 10/06/2020 under Sections 144/325/326/307/302/506 of the Indian Penal Code, 1860 (Corresponding to GR No.546/2020).

And In the matter of: Chandan Ghosh @ Prakash Ghosh & Ors. ....petitioners.

Mr. Shekhar Kumar Basu, Sr. Advocate Mr. Saryati Datta Mr. Diptangshu Bose ...for the petitioners.

Mr. Neguive Ahmed, Ld. APP Ms. Trina Mitra ...for the State.

Petitioners seek bail.

Learned Senior Advocate appearing for the petitioners submits that the first petitioner is in custody for 85 days, the second petitioner for 431 days and the third petitioner for 282 days. Police submitted charge sheet. The petitioners stand on the same footing as that of the co-accused who were granted bail by the learned Sessions Court.

The learned Additional Public Prosecutor submits that the petitioners can justifiably claim parity with regard to other coaccused who were granted bail by the learned Sessions Court. Considering the fact that the other co-accused similarly situated with that of the petitioners were granted bail by the Sessions Court and considering the period of detention of the petitioners, we grant bail to the petitioners. Accordingly, the petitioners 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 Additional Chief Judicial Magistrate, Rampurhat, Birbhum subject to the condition that during bail the petitioners shall appear before the learned trial court on the date fixed till disposal of the trial and the petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M. (DB) 601 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)