Sabyasachi Saha v. State Of West Bengal

04.07.2023 D/L 41 Ct. No.28 Allowed (SKB) CRM (DB) 2429 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Bidhan Naagar (North) P.S. Case No.138 of 2021 dated 15.07.2021 under Sections 419/420/409/468/471/120B of the Indian Penal Code And In the matter of : Sri Sabyasachi Saha ... Petitioner Mr. Sabir Ahmed, Mr. Barun Chatterjee, Mr. Biswajit Sarkar, Ms. Swagata Biswas, Mr. Dhiman Banerjee ... for the petitioner Mr. Rudradipta Nandy, APP, Mrs. Sonali Das ... for the State Petitioner is in custody for 239 days. Investigation is complete. He prays for bail.

Learned advocate for the State opposes the bail prayer. He submits petitioner has abused his official position and misappropriated a sum of Rs.1.75 crores. We have considered the materials on record.

Initial charge-sheet has been filed and custodial detention for progress of investigation is not necessary. There is no chance of his abscondence.

Therefore, the petitioner namely Sri Sabyasachi Saha 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 A.D.J., 3rd Court, Barasat subject to condition that the said 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 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 for bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)