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Calcutta High CourtCRM (DB)/834/2022allowed

Ratan Prasad @ Thakur v. The State Of West Bengal

2022-04-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (DB) 834 of 2022 19.04.2022 Sl. 51 Court No.29 (sourav) (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Asansol (North) Police Station Case No. 200 of 2016 dated 25.07.2016 under Sections 498A/302/201/120B/34 of the Indian Penal Code. And In the matter of: Ratan Prasad @ Thakur ....petitioner.

Mr. Apurba Kumar Datta ...for the petitioner.

Mr. Faria Hossain Ms. Baisali Basu ... for the State.

Report as called for by the order dated March 28, 2022 filed in Court be taken on record.

The petitioner is in custody for about six years. The Court before which the trial is in progress is presently lying vacant. The prosecution apparently requires examination of 25 witnesses. The Court is informed that out of 25 prosecution witnesses only 7 were examined.

There is hardly any possibility of the trial concluding any time soon.

Considering the period of detention of the petitioner and considering the fact that there is hardly any possibility of the trial concluding any time soon, we 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 Additional Chief Judicial Magistrate, Asansol, Paschim Bardhaman, subject to the condition that during bail he shall appear before the learned trial court on every date of

hearing and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.

The application for bail being C.R.M. (DB) 834 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)