Rabin Baidya v. State Of West Bengal

13.07.2022 tkm/ct 28 C.R.M. (DB) 2291 of 2022 sl no. 45 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Mogra P.S Case no. 208 of 2020 dated 25.8.2020 under sections 448/341/326/307/201/120B IPC And Allowed In Re : Rabin Baidya ........ petitioner Mr. S Ghosh Chowdhury ...... for the petitioner Mr. M Sur Mr. D Paramanick ...... for the State Petitioner is in custody for more than a year. It is submitted charge has not yet been famed.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the fact that trial has not commenced as yet and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Hooghly on condition that the petitioner 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 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 being CRM (DB) 2291 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)