Sankar Das v. State Of West Bengal

10.06.2022 Sl. No.59 akd [ALLOWED] C. R. M. (DB) 1565 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.06.2022 in connection with Taherpur Police Station Case No. 25 of 2022 dated 23.01.2022 under Sections 304/34 of the Indian Penal Code.

And In Re: Sankar Das ... ... Petitioner Ms. Sananda Bhattacharyya ... ... for the petitioner Mr. Tanmay Kr. Ghosh Mr. Arindam Sen ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 114 days. It is further submitted he is not the principal accused and investigation is complete.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. We find the incident occurred in course of a sudden quarrel. Petitioner is not the principal accused. In view of the aforesaid facts, bearing in mind the period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sankar Das, 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia 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.

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 for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)