Prasenjit Shaw @ Manu v. State Of West Bengal

08.05.2023 sdas allowed CRM(DB) No. 1824 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hare Street Police Station Case No. 169 of 2020 dated 06.07.2020 under Sections 120B/420/467/468/471 of the Indian Penal Code. And In Re : Prasanjit Shaw @ Manu ...... petitioner Md. Zeeshan Uddin Mr. Amrin Khatoon ....for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee .... for the State Learned Counsel for the petitioner submits he is in custody for more than two years. Co-accused is on bail. He prays for bail on parity.

Learned Counsel for the State produces the Case Diary. We have considered the materials on record. Allegations are grave. There is inordinate delay in trial. Offences are triable by the Magistrate. Co-accused are on bail. Under such circumstances, we are inclined to enlarge the petitioner on bail. Accordingly, we direct that 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 Chief Metropolitan Magistrate, Calcutta, subject to conditions that petitioner 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 petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his 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.)