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Calcutta High CourtCRM (DB)/1687/2023allowed

Guruprasad @ Gurupada Sing And ANR v. State Of West Bengal

2023-04-26Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

26.04.2023 sdas allowed CRM(DB) No. 1687 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nayagram Police Station Case No. 161 of 2022 dated 02.11.2022 under Sections 341/323/324/325/326/307/34 of the Indian Penal Code. And In Re : Guruprasad @ Gurupada Sing & Anr....... petitioners Ms. Madhurai Sinha ....for the petitioners Mr. Binay Panda Ms. Puspita Saha .... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Whether the injuries are life threatening may be assessed during trial. Balancing the nature of accusation with the period of detention suffered by the petitioners i.e. 170 days, we are inclined in granting bail to them.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jhargram, subject to the condition that petitioners 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel their 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.)