Bharat Das @ Bhorat v. State Of West Bengal

06.12.2021 tkm/ct 28 C.R.M. 7863 of 2021 sl no. 65 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S Case no. 409 of 2021 dated 23.6.2021 under sections 379/411/413/414/34 of the IPC And Allowed In Re : Bharat Das @ Bhorat ........ petitioner Mr. Khalid Hasan ...... for the petitioner Mr. Anwar Hossain Ms. Sreyashee Biswas ...... for the State Petitioner is in custody for more than 160 days and it is submitted that further detention of the petitioner is not necessary. Learned lawyer for the State opposes the prayer for bail and submits that the petitioner has criminal antecedent. Prayer for coaccused persons were turned down. We have considered materials on record. Alleged stolen articles have already been recovered. Investigation is complete. In view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner, however, subject to strict condition.

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 CJM, Nadia at Krishnagar 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 and on further condition that the petitioner shall

remain within the jurisdiction of Santipur P.S except for the purpose of attending court proceeding and shall report to the officer in charge, Santipur P.S once in a week until further orders. 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 7863 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)