Sanjay Mahato @ Sanjoy Mahato @ Buat v. State Of West Bengal
27-03-2025 (ct. no. 29) KOLE Allowed CRM (DB) 847 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Titagarh Police Station Case No. 356 of 2022 dated 22.05.2022 under Section 302/34 of the Indian Penal Code.
- A n d - In the matter of : Sanjay Mahato @ Sanjoy Mahato @ Buat .... Petitioner.
Mr. Sandipan Maity, Mr. Shrijit Biswas, ... For the Petitioner.
Mr. Bibaswan Bhattacharyya, Mr. Karan Bapuli, ... For the State.
Order dictated by Arijit Banerjee, J.:
1.
The petitioner claims parity citing an order dated February 6, 2025 passed in CRM (DB) 3645 of 2024, whereby this Bench enlarged on bail a co-accused person by the name of Subhajit Majhi @ Taton @ Totan. The petitioner says that he stands on the same footing as the said Subhajit Majhi @ Taton @ Totan. 2.
While opposing the bail prayer, learned State Advocate in his usual fairness does not dispute that this petitioner and the said Subhajit Majhi @ Taton @ Totan are similarly circumstanced. 3.
Hence, on the ground of parity we enlarge the petitioner on bail.
4.
Accordingly, we direct that the petitioner, namely, Sanjay Mahato @ Sanjoy Mahato @ Buat, 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 A.C.J.M, Barrackpore, North 24 Parganas 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 and on further condition that the petitioner while on bail shall remain within the jurisdiction of the concerned police station except for the purpose of attending court proceedings and shall meet the I.C/O.C. of the said police station once in a week until further orders.
5.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.
6.
The application for bail is, accordingly, allowed. 7.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )