Calcutta High CourtCRM/2962/2021allowed

Mithun Biswas v. State Of West Bengal

2021-08-03Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

29.

03-08-2021 (ct. no.32) debajyoti CRM 2962 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with KrishnanagarKotwali Police Station Case No.652 of 2020 dated 0609-2020 under Sections 302/307/120B & 34 of the Indian Penal Code.

- A n d - In the matter of : Mithun Biswas .... Petitioner.

Mr. Sumanta Das ... For the Petitioner.

Mr. Sudip Ghosh, Mr. Apurba Kumar Datta, Mr. Bitasok Banerjee ... For the State.

The petitioner is one of the co-accused persons. Charges are under Sections 302/307/120B/34 of the Penal Code.

We are told that the charge-sheet has been submitted and charge under Section 379 has also been added.

A similarly circumstanced accused has been granted bail on March 03, 2021.

Having regard to the aforesaid and also having regard to the material in the Case Diary and the omnibus nature of allegation against the petitioner, we are inclined to grant bail to him.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Krishnagar, Nadia. The petitioner shall

appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the local police station and shall report to the Officer-in-Charge of the said police station once every fortnight.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail being CRM 2962 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )