Samrat Samanta v. State Of West Bengal

02.05.2022 Serial no. 52 [Dd] (Bail allowed) CRM (DB) 1159 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Moyna Police Station Case No. 235 of 2019 dated 14.10.2019 under Sections 302/120B of the Indian Penal Code (corresponding to G.R. Case No. 2192/2019)(S.C. Case No. 125/2020) subsequently charge sheet submitted under Sections 302/120B of the Indian Penal Code.

-AndIn the matter of : Samrat Samanta ... ... Petitioner Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh, Advocates ... ... For the Petitioner Mr. Neguive Ahmed,ld. APP Ms. Ayantika Roy, Advocates ... ...For the State Petitioner seeks bail on the ground of parity with the other co-accsueds who were enlarged on bail by this Hon'ble Court.

Learned Public Prosecutor does not dispute the claim for parity seriously.

Considering the materials in the case diary and considering the fact that claim for parity cannot be discounted, 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, Tamluk, Purba Medinipur 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) 1159 of 2022 is disposed of.

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