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Calcutta High CourtCRM/5779/2021allowed

Sanatan Sarkar@Sonaton Sarkar v. State Of West Bengal

2021-12-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

09.12.2021.

104.

as (Allowed) C.R.M. 5779 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.249 of 2020 dated 11.06.2020 under Sections 304/34 of the Indian Penal Code.

In the matter of : Sanatan Sarkar @ Sonaton Sarkar. .... Petitioner.

Mr. Santanu Talukder, Mr. Kaushik Dey.

...for the Petitioner.

Ms. Zareen N. Khan, Ms. Ayantika Roy.

...for the State.

It is submitted on behalf of the petitioner that he is in custody for about 132 days. Co-accuseds have been enlarged on bail.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Petitioner stands on the same footing with co-accuseds who have been enlarged on bail.

In view of the aforesaid fact and the period of detention suffered by the petitioner, we are inclined in granting bail to the petitioner.

Accordingly, the petitioner 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, Ranaghat, Nadia subject to condition that the petitioner 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, being C.R.M.5779 of 2021, is disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)