Jayanta Samanta And ANR v. State Of West Bengal

29.06.2022 sdas allowed CRM (DB) 2052 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Garhbeta Police Station Case No. 229 of 2022 dated 27.04.2022 under Sections 505(1)(b)/505(2)/506/507/120B of the Indian Penal Code and adding Sections 489D/489C of the Indian Penal Code alongwith Sections 25/27 of the Arms Act.

And In Re : Jayanta Samanta & Anr. ...... petitioners Mr. Navanil De Mr. Srijan Ghosh Mr. Subhrajit Dey .....for the petitioners Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ..... for the State Petitioners are in custody for 59 days.

Learned Counsel appearing for the petitioners submits that they have been falsely implicated in the instant case. Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the material on record. Statements of witnesses do not disclose recovery of counterfeit currency notes.

Keeping in mind the extent of complicity of the petitioners in the alleged crime and the period of detention suffered by the petitioners, we are inclined to grant bail to them. Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) each, with two sureties of like amount

each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Midnapore, subject to the condition that the petitioners 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 petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)