Kuntal Roy v. State Of West Bengal And ORS.

09.12.2021 sdas allowed CRM 6117 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dum Dum GRPS Police Station Case No. 19 of 2020 dated 29.11.2020 under Sections 399/402 of the Indian Penal Code.

And In Re : Kuntal Roy ...... petitioner Sk. Toslim Ali .....for the petitioner Mr. Binay Panda Ms. Puspita Saha ..... for the State It is submitted by the learned Counsel appearing for the petitioner that he is innocent. Incriminating articles have been seized. He is in custody for one year.

Learned Counsel appearing for the State opposes prayer for bail.

In view of the aforesaid facts and the period of detention already suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah, South 24 Parganas, subject to the condition that 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.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)