Ashish Chanda v. State Of West Bengal

05.07.2023 tkm/ct 28 C.R.M. (DB) 2246 of 2023 sl no. 117 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Muchipara P.S case no. 126 of 2019 dated 4.7.2019 under sections 120B/170/365/395 of the IPC and Allowed In Re : Ashish Chanda ... petitioner Mr. Shiladitya Barma ...... for the petitioner Ms. Z N Khn Md. Kutubuddin ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Petitioner is in custody for 1450 days. It is submitted there is delay in trial. Coaccused are on bail. Petitioner stands on the same footing with the said co-accused.

Hence, we are inclined to grant bail 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 CMM, Calcutta 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) 2246 of 2023 is disposed of.

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