Arun Ari v. The State Of West Bengal

56.

14-08-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 2147 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Harwood Point Coastal Police Station Case No.10 of 2020 dated 20-01-2020 under Sections 302/201/34 of the Indian Penal Code.

- A n d - In the matter of : Arun Ari .... Petitioner.

Mr. Santanu Deb Roy, Mr. Dipankar Guha ... For the Petitioner.

Ms. Zareen N. Khan, Ms. Baishakhi Chatterjee ... For the State.

Dictated by Partha Sarathi Sen, J.

It is submitted on behalf of the petitioner that considering the long detention of the present accused petitioner, the instant application for bail may be considered favourably.

Learned advocate for the State submits a report and the same is taken on record. It is submitted on behalf of the State that after passing of the last order of rejection, there was substantial progress in the trial.

We have considered the entire material placed before us including the report as submitted today on behalf of the State. It appears therefrom that the case is based on the circumstantial evidence. It also reveals that the progress of the trial is not satisfactory. It further appears to us that there is no certainty as to when the trial would be completed. In view of the aforesaid, we are inclined to take a lenient approach and allow the prayer of the petitioner for bail. Signed By :

DEBAJYOTI DAS High Court of Calcutta 14 th of August 2024 06:30:23 PM

Accordingly, we direct that the petitioner, namely, Arun Ari, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two registered sureties of like amount each, to the satisfaction of learned Chief Judicial Magistrate, South 24 Parganas at Alipore. The petitioner shall appear before the trial Court on every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of the local police station and shall report to the Officer-inCharge of the said police station once in every fortnight until further orders.

In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail being CRM (DB) 2147 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 14 th of August 2024 06:30:23 PM