Ganesh Biswas @ Gena @ Gona v. State Of West Bengal

04.07.2023 D/L 139 Ct. No.28 allowed (SKB) CRM (DB) 2586 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Shantipur Police Station Case No. 386/2020 dated 01.09.2020 under Sections 341/326/307/34/302 of the Indian Penal Code And In the matter of : Ganesh Biswas @ Gena @ Gona ... Petitioner Mr. Prabir Mazumder, Mr. Snehansu Majumder ... for the petitioner Mr. Saibal Bapuli, APP, Mr. Arani Bhattacharyya ... for the State Heard learned advocates for the parties.

We have considered the materials on record.

Petitioner was on bail. Due to miscommunication, he failed to appear before the trial court and warrant of arrest came to be issued in June, 2023. Thereafter he has been arrested and is in custody.

Keeping in mind the aforesaid fact, particularly the fact that petitioner's failure to attend before the trial court beyond his control, we are inclined to grant bail. Accordingly, petitioner namely Ganesh Biswas @ Gena @ Gona 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 ACJM, Ranaghat, Nadia 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 being CRM (DB) 2586 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)