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Calcutta High CourtCRM (DB)/694/2024allowed

Dipu Sharma @ Dipu Kumar @ Deepu v. State Of West Bengal

2024-03-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

05.03.2024 sdas allowed CRM(DB) No. 694 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No. 1135 of 2019 dated 19.08.2019 under Sections 395/397/412 of the Indian Penal Code and Sections 25/27 of the Arms Act and charge-sheet submitted under Sections 395/397/412 of the Indian Penal Code and Sections 25/27 of the Arms Act.

And In Re : Dipu Sharma alias Dipu Kumar alias Deepu ...... petitioner Mr. Angshuman Chakraborty Mr. S. S. Saha ....for the petitioner Mr. Ranadeb Sengupta .... for the State 1.

Heard the learned Counsels for the parties.

2.

We have considered the materials on record.

Petitioner is in custody for more than four years. There is slow progress in trial. On the score of delay co-accused has been enlarged on bail. Under such circumstances we are inclined to extend the same privilege to the petitioner.

3. 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, Alipore, to comply with the provisions of Section 437(3) of the Code of Criminal Procedure. The petitioner shall appear before the learned trial court on every date till the conclusion of trial.

4. In the event the petitioner fails to comply with any of the conditions mentioned hereinabove, it would be open to the trial court to cancel the bail without any further reference to his Court.

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