Tanmoy Saha v. State Of West Bengal

25.04.2024 Sl. No.22 akd [ALLOWED] C. R. M. (DB) 1303 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.04.2024 in connection with Bankura Cyber Crime Police Station Case No.28 of 2022 dated 15.11.2022 under Sections 419/420/413/467/120B of the Indian Penal Code. (G.R. Case No.1581 of 2022) And In Re: Tanmoy Saha ... ... Petitioner Mr. Jaydeep Biswas Mr. Kaushik Ghosh ... ... for the petitioner Mr. Saryati Datta Ms. Mamata Jana ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 419 days. Co-accused have been enlarged on bail. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits stolen cash was transferred to the account of the petitioner.

3. We have considered the materials on record. Petitioner is in custody for about 419 days. There is inordinate delay in trial. On the score of delay, co-accused have been enlarged on bail. Offences, even if proved, do not attract mandatory life imprisonment. The issue with regard to trail of stolen cash to the petitioner may be agitated in course of trial. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

4. Therefore, the accused/petitioner, namely Tanmoy Saha, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Signed By : ARUP KUMAR DAS High Court of Calcutta 26 th of April 2024 03:44:54 PM

Magistrate, Bankura subject to condition that the said 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 justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 26 th of April 2024 03:44:54 PM