Calcutta High CourtCRM/6579/2021allowed

Santu Chowdhury v. State Of West Bengal

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

10.12.2021 sdas allowed CRM 6579 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 25 of 2020 dated 14.01.2020 under Sections 302/120B of the Indian Penal Code.

And In Re : Santu Chowdhury ...... petitioner Mr. Prabir Majumder .....for the petitioner Mr. Madhusudan Sur, learned APP Mr. Manoranjan Mahato ..... for the State It is submitted by the learned Counsel appearing for the petitioner that he is in custody for 301 days. It is further submitted that co-accused persons are on bail. Learned Counsel appearing for the State opposes prayer for bail.

We have considered material on record. Keeping in mind the extend of complicity of the petitioner in the alleged crime and as co-accused, similarly circumstanced with the petitioner, has been granted bail, we are inclined to extend the same privilege to the petitioner.

Accordingly, we direct that the petitioner shall 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition

that the petitioner shall meet the Officer-in-Charge of Santipur Police Station once in a week until further orders and on further condition that he shall not leave the territorial jurisdiction of the said police station without the leave of the Court or the Magistrate, as the case may be. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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 automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)