Raghunath Karmakar @ Raghu v. State Of West Bengal
23.02.2023 tkm/ct 28 C.R.M. (DB) 720 of 2023 sl no. 54 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranigunj P.S case no. 130 of 2018 dated 2.5.2018 under sections 394/397/307 of the IPC and 25/27 of the Arms Act and under sections 3/4 of the Explosive Substances Act and added sections 302/411 of the IPC and Allowed In Re : Ragunath Karmakar @ Raghu ...... petitioner Mr. Ayan Basu Sk Salim Mr. B Twari Mr. S Routh ...... for the petitioner Mr. M Sur Mr. Ashok Das ...... for the State Petitioner is in custody for about five years. He submits there is inordinate delay in trial. He renews his bail prayer Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Petitioner is in custody for about five years. There is little possibility of trial concluding in near future.
Under such circumstances, 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 CJM, Paschim Burdwan on 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) 720 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)