Calcutta High CourtCRM (DB)/2335/2023allowed

Gobinda Chandra Das @ Gobinda Das v. State Of West Bengal

2023-06-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

49.

23-06-2023 (ct. no.06) debajyoti CRM (DB) 2335 of 2023 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No.841 of 2022 dated 29-06-2022 under Sections 341/323/307/34 of the Indian Penal Code. - A n d - In the matter of : Gobinda Chandra Das @ Gobinda Das .... Petitioner.

Mr. Arnab Chatterjee, Ms. Chandrima Debnath ... For the Petitioner.

Mr. Binay Panda, Ms. Puspita Saha ... For the State.

The allegation is primarily of attempt to murder. The petitioner says that all other accused persons have been granted bail/anticipatory bail. He has been in custody for more than 180 days. Charge-sheet has been submitted.

We have perused the material in the Case Diary, including the injury report and statement of persons recorded under Section 161 of the Code of Criminal Procedure. On an overall consideration of the facts and circumstances of the case, the gravity of the offence and the nature of injury and since charge-sheet has already been submitted, we are of the view that there is no reason to detain the petitioner in custody any more.

Accordingly, we direct that the petitioner, namely, Gobinda Chandra Das @ Gobinda Das, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief

Judicial Magistrate, Raiganj. The petitioner 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. The petitioner shall remain within the jurisdiction of the local police station and shall report to the Officer-in-Charge of the jurisdictional police station once every fortnight.

In the event the petitioner fails to adhere to any of the conditions stipulated above without 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 for bail being CRM (DB) 2335 of 2023 is, thus, allowed.

Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)