Soumyadip Jana v. The State Of West Bengal

01-08-2024 (ct. no.06) KOLE Allowed CRM (DB) 2289 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nandigram Police Station Case No. of dated 05.06.2024 under Sections 143/148/149/324/326/120B/506 of the Indian Penal Code and Sections 3/4/5 of the Explosive Substances Act read with Section 9B of the Indian Explosives Act.

- A n d - In the matter of : Soumyadip Jana .... Petitioner.

Mr. Subhrajit Dey, ... For the Petitioner.

Mr. Ranabir Roy Chowdhury, Ms. S. Datta, ... For the State.

1.

The petitioner is in custody for 57 days. He submits he has been falsely implicated due to political affiliation. Investigation has been stayed by this Hon'ble Court by a learned Single Judge in WPA 16201 of 2024. He prays for bail.

2.

Learned lawyer for the State opposes the bail prayer and submits that members of a political party were preparing bombs. There was a bomb blast resulting in death of two persons. 3.

We have considered the materials on record. It is alleged there was a bomb blast in the house of one Subodh Bera. As a result two persons died. FIR was registered against a number of persons belonging to a political party. The petitioner was not named in the FIR. It is alleged the petitioner was named by coaccused Subodh Bera, in whose house the incident occurred. However, no corroborative evidence supporting statement of the said co-accused is placed on record. Under such circumstances Signed By :

ABHIJIT KOLE High Court of Calcutta 6 th of August 2024 12:28:02 PM

and as investigation has been stayed, no fruitful purpose will be served by keeping the petitioner in detention. 4.

In view of the above, the petitioner is directed to be enlarged on bail.

5.

Accordingly, we direct that the petitioner, namely, Soumyadip Jana, 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 Additional Chief Judicial Magistrate, Haldia and on further conditions that 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.

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

7. The application for bail is, accordingly, allowed. ( Gaurang Kanth, J. ) ( Joymalya Bagchi, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 6 th of August 2024 12:28:02 PM