Gouranga Chowdhury v. State Of West Bengal

20.04.2022 Serial no. 59 [Dd] (Bail allowed) CRM (DB) 1014 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 50 of 2020 dated 29.01.2020 under Sections 380/395 of the Indian Penal Code.

-AndIn the matter of : Gouranga Chowdhury ... ... Petitioner Mr. Pawan Kr. Gupta, Mr. Arnab Saha, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee, Advocates ... ...For the State Petitioner seeks bail on the ground of parity with the other co-accuseds. He submits that from time to time six of the seven charge sheeted accused were enlarged on bail.

The contention of the parity is not disputed on behalf of the State.

In such circumstances on the ground of parity, we are inclined to grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Malda subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further

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

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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 1014 of 2022 is disposed of.

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