Prosenjit Das v. State Of West Bengal

06.04.2023 allowed CRM(DB) No. 1380 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 07 of 2023 dated 06.01.2023 under Sections 323/325/307/504/509/354 of the Indian Penal Code. And In Re : Prosenjit Das ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Binay Panda Ms. Puspita Saha .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. There was dispute between neighbours. Injury does not appear to be life threatening. Petitioner is in custody for 91 days. Investigation is complete. Under such circumstances, 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/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to conditions that 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.

In the event the petitioner fails to appear before the trial court 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 is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)