Ashit Das v. State Of West Bengal

10.08.2022 tkm/ct 28 C.R.M. (DB) 2713 of 2022 sl no. 55 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gangarampur P.S case no. 23 of 2021 dated 19.1.2021 under sections 341/326/307/302/34 of the IPC and sections 3/4 of the Explosive Substances Act and Allowed In Re : Ashit Das ...... petitioner Mr. Mazhar Hossain Chowdhury Ms. M Alam ...... for the petitioner Mr. M Sur Mr. M Mahata ...... for the State Petitioner is in custody for over 300 days. It is submitted he stands on the same footing with one Sanjit Biswas who has been granted pre-arrest bail in CRM 6907 of 2021.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record. Keeping in mind the extent of complicity of the petitioner in the alleged crime and as co-accused similarly circumstanced with the petitioner has been granted pre-arrest bail, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner 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 ACJM, Gangarampur at Buniadpur, Dakshin Dinajpur on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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 reference to this court. The application being CRM (DB) 2713 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)