Sajal Das v. State Of West Bengal

10.08.2022 sdas allowed CRM(DB) No. 2683 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balagarh Police Station Case No. 130 of 2022 dated 23.04.2022 under Sections 498A/306/304B/34 of the Indian Penal Code.

And In Re : Sajal Das ...... petitioner Mr. Sudip Ghosh Chowdhury .....for the petitioner Mr. Saswata Gopal Mukherjee, learned P.P.

Mr. Aniket Mitra ..... for the State Learned Counsel for the petitioner submits he is in custody for 49 days. Co-accused, Kumar Sarkar, has been enlarged on bail.

Learned Counsel appearing for the State opposes prayer for bail.

Having considered the materials on record and keeping in mind the nature of allegations, extent of complicity of the petitioner in the alleged crime and as co-accused, Kumar Sarkar, has been enlarged on 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 learned Chief Judicial Magistrate, Hooghly, on condition that he shall not intimidate the witnesses or tamper with evidence in any manner

whatsoever and he shall appear before the trial court on every date of hearing.

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 further reference to this Court. The application for bail is, accordingly, allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)