Samir Naskar @ Bhuto v. The State Of West Bengal

15.05.2024 Serial no. 2 [G.S.D] CRM (SB) 57 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Howrah Police Station Case No. 397 of 2021 dt. 06.12.2021 under sections 341/195A/323/506/34 of the IPC.

-AndIn the matter of : Samir Naskar @ Bhuto ... ... Petitioner Mr. Fazlur Rahman Mr. Shamim Mollah Md. Babul Hussain ... for the petitioner Mr. Subhamoy Bhattacharya Ms. Rituparna Saha ... for the State Mr. Pawan Kr. Gupta Ms. Sofia Nesar Mr. Santanu Sett ... for the Defacto-complainant The petitioner has prayed for bail and is in custody for about 20 days.

According to the ld. advocate for the petitioner, the persons who are similarly placed have been granted bail in connection with the instant case vide CRM (SB) 119 of 2023. Ld. advocate prays that on any stringent condition, the petitioner may be released on bail.

Ld. advocate for the State opposes the prayer for bail and submits that the present petitioner was evading the process of law and, subsequent to the harsher process of

law so issued by the ld. court, the petitioner has been arrested.

Having considered that the petitioner is on the same footing with that of the accused, who has been granted bail, I am of the view that the petitioner may be released on bail on the same conditions as was earlier imposed upon the similarly situated accused person.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Samir Naskar @ Bhuto shall be released on bail upon furnishing 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 Ld. CJM, Howrah. The local surety would submit a title deed of a property either in the name of his acquaintance or any other relative within the jurisdiction of the district of Howrah.

If on bail, the petitioner would attend the Howrah Police Station once in a week for a period of six months. A report, to that effect, would be sent to the Inspector in charge of Howrah P.S. by the ld. trial court in seisin of the matter.

Accordingly, CRM(SB) 57 of 2024 is allowed.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)