Sujan Naskar v. State Of West Bengal

97.

20-06-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 1812 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dholahat Police Station Case No.106 of 2023 dated 09-03-2023 under Sections 341/447/325/326/307/302/506/34 of the Indian Penal Code.

- A n d - In the matter of : Sujan Naskar .... Petitioner.

Mr. Aasif Iqbal, Mr. Debdip Mandal, Mr. Suvajyoti Halder ... For the Petitioner.

Ms. Minoti Gomes, Ms. Zareen N. Khan, Ms. Snigdha Saha, ... For the State.

The petitioner says that he is in custody for 469 days. He claims parity. He refers to an order dated May 10, 2024, passed by a coordinate Bench in CRM (DB) 1479 of 2024, whereby a co-accused person, namely, Panchanan Mondal, was enlarged on bail. He says that he stands on the footing.

Learned advocate for the State in her usual fairness admits that this petitioner is similarly circumstanced as Panchanan Mondal. Therefore, on the ground of parity, we allow this application for bail.

Accordingly, we direct that the petitioner, namely, Sujan Naskar, 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 Additional Chief Judicial Magistrate, Kakdwip. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of June 2024 06:10:51 PM

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 said police station once every fortnight until further orders.

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 in accordance with law without further reference to this Court.

The application for bail being CRM (DB) 1812 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of June 2024 06:10:51 PM