Sandip Upadhyay v. State Of West Bengal
01.02.2024 CRAN 3 of 2024 tkm/ct 28 in sl no. 60 C.R.M. (DB) 2893 of 2020 In Re : An application for relaxation/modification/waive of condition of bail under section 439(1)(b) Cr.P.C And In re : Sandeep Upadhayay ...... petitioner Mr. Radjeep Mazumder Mr. P Roy Mr. S Bhattacherjee ...... for the petitioner Ms. Subhasree Patel ...... for the State Ms. Avik Ghatak ...... for the de facto complainant 1.
Petitioner contends he was enlarged on bail in 2020. As he was facing trial in another case, he did not furnish bail bond immediately. After being acquitted in the other case, he has furnished bail bonds in December 2023. He prays for relaxation of the conditions of bail.
2.
Learned lawyer for the State opposes the prayer. She contends trial is at its fag end.
3.
Learned lawyer for the de facto complainant also opposes the prayer.
4.
We have considered the materials on record. Petitioner furnished bail bond in December 2023. In the meantime trial has substantially progressed and all vulnerable witnesses have been examined.
5.
Under such circumstances, condition of bail imposed upon the petitioner, that is, not to leave the jurisdiction of Burrabazar P.S is waived.
6.
Other condition of bail i.e. to meet investigating officer once in a week is modified and he is directed to meet Officer-in-Charge Burrabazar P.S once in a month.
7.
Other conditions of bail shall continue.
8.
Accordingly, the application for relaxation of conditions of bail being CRAN 3 of 2024 is disposed of.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)