Gupal Gupta @ Gopal Shaw v. State Of West Bengal

15.09.2020 tkm C.R.M. 6396 of 2020 sl no. 14 CRAN 1 of 2020 (via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with M.P Ghora P.S. Case No. 370 of 2012 dated 11.12.2012 under Sections 302/34/120B of the Indian Penal Code and sections 25/27 of the Arms Act And Allowed In Re : Gupal Gupta @ Gopal Shaw ...... petitioner Mr. S. Basu Roy Chowdhuri Mr. R K Singh ...... for the petitioner Mr N Ahmed Ms. A Gour ...... 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 1 of 2020 is disposed of.

Petitioner is in custody for more than six years and it is submitted on behalf of the petitioner that co-accused Srikanta Yadav has been enlarged on bail.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the facts and circumstances of the case and as co-accused Srikanta Yadav has been enlarged on bail, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 20,000/- with two sureties of like amount

each, one of whom must be local to the satisfaction of the learned trial court on condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that while on bail he shall remain within the jurisdiction of Belur P.S except for attending court proceeding and shall report to the officer in charge of Belur PS once in a week until further orders.

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 6396 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)