Calcutta High CourtCRM (DB)/2289/2022allowed

Bikash Giri And ORS v. State Of West Bengal

2022-07-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

14.07.2022 Sl. No.19 akd [ALLOWED] C. R. M. (DB) 2289 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.07.2022 in connection with Garhbeta Police Station Case No.

dated 27.04.2022 under Sections 505(1)(b)/505(2)/506/507/120B/489D/489C of the Indian Penal Code read with Sections 25/27 of the Arms Act. (G.R. Case No.305 of 2022) And In Re: Bikash Giri & Ors.

... ... Petitioners Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey ... ... for the petitioners Ms. Zareen N. Khan Md. Kutubuddin ... ... for the State It is submitted on behalf of the petitioners they are in custody for about 77 days. It is further submitted co-accuseds have been enlarged on bail.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. No fake Indian currency note was recovered from the petitioners. Keeping in mind the extent of complicity of the petitioners in the alleged crime, period of detention suffered by them and as co-accuseds have been enlarged on bail, we are inclined to extend the same privilege to the petitioners also. Therefore, the accused/petitioners, namely (1) Bikash Giri,

(2) Nantu Mondal & (3) Susanta Ghosh @ Banka, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate,

Garhbeta, Paschim Midnapore subject to condition that the said petitioners 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 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 for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)