Suman Banerjee @ Kuchu v. State Of West Bengal

05.07.2023 tkm/ct 28 C.R.M. (DB) 2200 of 2023 sl no. 110 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bagnan P.S case no. 11 of 2021 dated 9.1.2021 under sections 379/411/414/427/120B IPC read with sections 15/16 of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act and under sections 3/4 of eh Prevention of Damage to Public Property Act and Allowed In Re : Suman Banerjee @ Kuchu ... petitioner Mr. M H Choudhury Ms. A Bhattacharjee ...... for the petitioner Mr. Swapan Banerjee Mr. Purnima Ghosh ...... for the State Mr. Anirban Dutta Mr. S Ghosh Mr. Amit Ghosh Mr. V Chatterjee ...... for the de facto complainant Heard learned lawyers for the parties.

We have considered the materials on record. Petitioner is in custody for 714 days. It is submitted co-accused have been granted bail. There is little possibility of trial concluding in near future.

Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner 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 ACJM, Uluberia Howrah on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 2200 of 2023 is disposed of.

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