Bijoy Das v. State Of West Bengal

08.08.2023.

25.

Ct.No.28 as (Allowed) C.R.M. (DB) 1915 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat P. S. Case No.08 of 2015 dated 06.01.2015 under Sections 302/34 of the Indian Penal Code.

In the matter of : Bijoy Das.

.... Petitioner.

Mr. Mrityunjoy Chatterjee.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

...for the State.

Petitioner is in custody for more than eight years. He submits there is delay in trial. He prays for bail. Report is placed on record. From the report, it appears date has been fixed for examination of post mortem doctor and another police officer. Allegation against the petitioner is grave but he is in custody for more than eight years. Vulnerable witnesses have been examined. Only medical officer and another police officer is yet to be examined. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Bijoy Das 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 Judicial Magistrate, Ranaghat, Nadia subject to condition that he 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 and on further condition that the petitioner while on bail shall remain within Ranaghat Police Station and report to the Officer-in-charge of Ranaghat Police Station once in a week until further orders. In the event the petitioner fails to appear before the Trial Court without any 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, thus disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)