Rajat Bose v. State Of West Bengal

24.02.2023 sdas allowed CRM(DB) No. 689 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 899 of 2022 dated 30.08.2022 under Sections 498A/326/307/34 of the Indian Penal Code and adding Section 201 of the Indian Penal Code.

And In Re : Rajat Bose ...... petitioner Mr. Shamik Bagchi Mr. Manoj Kurmi .....for the petitioner Mr. Pravas Bhattacharya Mr. M.F.A. Begg ..... for the State Learned Counsel for the petitioner submits he is in custody for 172 days. Co-accused is on bail.

Learned Counsel for the State opposes the prayer for bail. We have considered the materials on record. Co-accused is on bail. Under such circumstances, we are inclined to grant bail to him.

Accordingly, we direct that the petitioner shall 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 Chief Judicial Magistrate, Howrah, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)