Gourab Biswas @ Bubai v. State Of West Bengal

01.02.2023.

23.

Ct.No.28 as C.R.M. 5493 of 2021 with CRAN 1 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P. S. Case No.166 of 2021 dated 18.04.2021 under Sections 302/34 of the Indian Penal Code and added Sections 3(1)(c)(1)(a)(h)(o)(s) of the Scheduled Caste & Scheduled Caste (Prevention of Atrocities) Act.

In the matter of : Gourab Biswas @ Bubai.

.... Petitioner.

Mr. Shibaji Kr. Das, Mr. Antarikhya Basu, Mr. Sayan Mukherjee.

...for the Petitioner.

Mr. Kallol Mondal.

...for the CBI.

Ms. Minoti Gomes, Ms. Manika Sarkar.

...for the de-facto complainant.

Learned Advocate for the petitioner submits he is on interim bail. He has duly complied with the conditions of bail. Learned Advocate for the de-facto complainant prayed for cancellation of bail of co-accused which, however, was turned down by this Court in CRM (DB) 2280 of 2022 and CRM (DB) 2281 of 2022. Hence, his bail may be confirmed. Learned Advocate for the CBI submits petitioner has complied with the conditions of bail. He, however, opposes the confirmation of bail as investigation is in progress. This is also not disputed by the learned Advocate for the de-facto complainant.

We have considered the materials on record. Petitioner is on interim bail since 18th April, 2022. No adverse report is placed before us.

Under such circumstances, we are of the opinion confirmation of bail would not hamper progress of investigation. Bail of the petitioner is confirmed on the same terms and conditions.

Accordingly, the application for bail and the connected application are disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)