Ashoke Biswas v. State Of West Bengal

21.02.2023 allowed CRM(DB) No. 693 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krisnaganj Police Station Case No. 482 of 2022 dated 02.12.2022 under Sections 341/326/307 of the Indian Penal Code.

And In Re : Ashoke Biswas ...... petitioner Mr. Amanul Islam Mr. Sourav Mukherjee .....for the petitioner Mr. Binay Panda Mr. Subham Bhakat ..... for the State Heard the learned Counsels for the parties.

We have considered the materials on record including the injury report. Balancing the nature of accusation with the period of detention suffered by the petitioner i.e. 80 days, 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, Krishnanagar, Nadia, 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.)