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Calcutta High CourtCRM (DB)/597/2024allowed

Ankit Shaw v. State Of West Bengal

2024-02-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

29.02.2024.

94.

Ct.No.28.

as (Allowed) C.R.M. (DB) 597 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail P.S. Case No.811 of 2020 dated 11.09.2020 under Sections 302/34 of the Indian Penal Code.

In the matter of : Ankit Shaw.

.... Petitioner.

Mr. Ranajit Roy, Mr. Sugata Mukhopadhyay, Mr. Srijit Halder.

...for the Petitioner.

Mr. Suman De.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Petitioner is not the principal accused. He was not driving the vehicle which had run over the victim. Whether the petitioner had exhorted the principal accused to murder the victim may be assessed during trial.

3.

Keeping in mind the extent of complicity of the petitioner in the crime and the period of detention suffered by the petitioner i.e. more than three years, we are inclined to grant bail to the petitioner.

4.

Accordingly, the petitioner viz., Ankit Shaw 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 he shall appear before the

trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5.

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

6. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)