Deben Biswas v. State Of West Bengal

03.09.2020 SL No.42 pk CRM 6196 of 2020 With CRAN/1/2020(Old No. CRAN 4703 of 2020) (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 26 of 2020 dated 09.02.2020 under Sections 447/325/307/34 of the Indian Penal Code.

And In the matter of: Deben Biswas ....Petitioner.

Mr. Amanul Islam ...for the Petitioner.

Md. Anwar Hossain, Mr. Mirza Firoj Ahmed Begg ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Accordingly, the application being CRAN 4703 of 2020 is disposed of.

Having considered the materials on record and bearing in mind the facts and circumstances of the case and in the light of the submissions that there are case and counter case between the parties and in view of the period of detention suffered by the petitioner that is 56 days, 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 Chief Judicial Magistrate, Nadia 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 6196 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)