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Calcutta High CourtCRM (DB)/2048/2023allowed

Din Adhikari @ Dinabondhu Adhikary v. The State Of West Bengal

2023-05-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

19.05.2023.

39.

Ct.No.28 as (Allowed) C.R.M. (DB) 2048 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Deganga P. S. Case No.144 of 2023 dated 04.04.2023 under Sections 302/34 of the Indian Penal Code.

In the matter of : Din Adhikari @ Dinabondhu Adhikary. .... Petitioner.

Mr. Sabyasachi Mukherjee, Mr. Debarati Choudhury, Mr. Syed Neaz Ahmed.

...for the Petitioner.

Ms. Zareen N. Khan, Mr. Ashok Das.

...for the State.

Mr. Diptangshu Basu.

...for the de-facto complainant.

Heard the learned Advocates for the parties.

We have considered the materials on record. Co-accused viz., Papai Adhikari @ Papai Adhikary is on bail in CRM (DB) 1980 of 2023. Petitioner stands on the same footing with the said co-accused.

Hence, we are inclined to grant bail to the petitioner also.

Accordingly, the petitioner viz., Din Adhikari @ Dinabondhu Adhikary 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, North 24Paraganas, Barasat 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.

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.)