← Library
Calcutta High CourtCRM/6431/2021allowed

Sayan Garai And ANR v. State Of West Bengal

2021-12-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

10.12.2021 cm/ct 28 C.R.M. 6431 of 2021 sl no. 55 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chanchal P.S Case No. 515 of 2021 dated 30.06.2021 under Sections 406/409/420/120B of the Indian Penal Code. And Allowed In Re : Sayan Garai & Anr.

..... petitioners Mr. Debasis Kar ...... for the petitioners Mr. Sudip Kr. Dutta Mr. Apurba Kr. Dutta ...... for the State Petitioners are in custody for 187 days. It is submitted on behalf of the petitioners that they are not the principal accused. Investigation is complete.

Learned lawyer for the State submits that petitioners conspired with one another and induced the employed youth to part with money on the false promise of giving employment. We have considered the materials on record. Keeping in mind the facts and circumstances of the case, extent of complicity of the petitioners in the alleged crime and the period suffered by the petitioners, we are inclined to grant bail to the petitioners. Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/ each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Chanchal, on condition that the petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM 6431 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)