Balaram Chowrasiya v. State Of West Bengal

25.07.2023.

35.

Ct.No.28 as (Allowed) C.R.M. (DB) 2932 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sankrail P. S. Case No.1126 of 2021 dated 15.09.2021 under Sections 395/412 of the Indian Penal Code.

In the matter of : Balaram Chowrasiya.

.... Petitioner.

Ms. Devi Priya Mitra.

...for the Petitioner.

Ms. Zareen N. Khan, Mr. Asif Dewan.

...for the State.

Petitioner is in custody for 633 days. There is delay in trial. Co-accused has been enlarged on bail. He prays for bail. Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Co-accused Md. Abdul Jalil has been granted bail. Petitioner stands on the same footing with the co-accused and may be granted same relief.

Accordingly, the petitioner viz., Balaram Chowrasiya shall 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 Chief Judicial Magistrate, Howrah subject to condition that he 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 the petitioner fails to appear before the Trial Court without any justifiable cause, 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 is, thus disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)