Tapas Ghoshal @ Buro v. State Of West Bengal

18.4.2024 Ct. No. 28 SL No. 42 Bd / SB C.R.M. (DB) 1162 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Karimpur P.S. Case No. 250 dated 13.11.2009 under Section 396 and added sections 120B and 412 of the Indian Penal Code and Sections 25 and 27 of the Arms Act. And In the matter of: Tapas Ghoshal @ Buro Mr. Asraf Mondal ...for the Petitioner Mr. Rudradipta Nandy Ms. Nandini Chatterjee ....for the State

1. Heard learned lawyers for the parties.

2. Petitioner has been custody for more than 14 years. There is inordinate delay in trial. Co-accused Azad Khan @ Gokul @ Bakul and Sarajit Sarkar @Swarajit Sarkar @ Bhola, have been enlarged on bail.

3. Accordingly, we are inclined to extend the same privilege to the petitioner.

4. Accordingly, 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 District and Sessions Judge, Tehatta, Nadia, subject to the 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.

5. In the event he fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail automatically without any further reference to this Court.

6. The application for bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)