Shibshankar Das Alias Sib Sankar Das Alias Shib Sankar Das v. State Of West Bengal

27.03.2023 tkm/ct 28 C.R.M. (DB) 1132 of 2023 sl no. 78 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tamluk PS case no. 917 dated 8.10.2022 under sections 341/323/325/326/307/34 of the IPC added section 302 IPC And Allowed In Re : Shibshankar Das @ Sib Sankar Das @ Shib Sankar Das ...... petitioner Mr. Ayan Basu Mr. S Bera Mr. S Routh ...... for the petitioner Mr. N Ahmed Ms. Trina Mitra ...... for the State Petitioner is in custody for 168 days. He submits victim suffered injuries in the course of road traffic accident. He died after 21 days. He prays for bail.

Learned lawyer for the State opposes the bail prayer. He submits that son of the petitioner had assaulted the victim resulting in his death.

We have considered the materials on record. Petitioner does not appear to be the principal accused. He is in custody for 169 days. Investigation is complete.

Under such circumstances, we are inclined to 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 CJM Purba Medinipur at Tamluk on condition that the petitioner

shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 1132 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)