Jitendra Kr Tiwari v. State Of West Bengal

12.09.2023 CRAN 2 of 2023 tkm/ct 28 in sl no. 62 C.R.M. (DB) 1315 of 2023 In Re : An application for relaxation of condition of bail And In re : Jitendra Kumar Tiwari ...... petitioner Ms. Basuri Swaraj Mr. Rajdep Majumder Mr. Moyukh Mukherjee Mr. Pritam Roy for the petitioner Mr. S G Mukherjee, ld PP Mr. R D Nandy Ms. Sonali Das for the State 1.

Petitioner submits he was enlarged on bail in April 2023 subject to the condition that he shall not enter the Asansol Municipal Corporation. He submits he has his permanent residence at Asansol but is unable to go there. That apart, he is a former Member of the Legislative Assembly from Pandobeswar Constituency and a former mayor of Asansol corporation. he requires to meet the members of his political party at Asansol. Accordingly, he prays for relaxation of condition of bail. 2.

Learned Public Prosecutor opposes the prayer. He contends further investigation is in progress. Petitioner is an influential person and would intimidate witnesses.

3.

We have considered the materials on record. Petitioner has been released on bail for last five months. There is no adverse report against him. Petitioner has his permanent residence at

Asansol and also is a public personality in the area. Investigation has continued for a considerable time and presence of the petitioner in Asansol Municipal Corporation may not adversely affect its progress.

4.

Under such circumstances we are of the view restrictions on the petitioner not to enter the Asansol Municipal Corporation is onerous.

5.

Accordingly, we direct the condition of bail imposed on the petitioner not to enter the Asansol Municipal Corporation is waived. 6.

Petitioner shall meet the Officer in-Charge of Asansol P.S once in a fortnight until further orders.

7.

Other conditions shall continue.

8.

CRAN 2 of 2023 is disposed of.

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