Raju Biswas v. The State Of West Bengal

46.

05-09-2024 (ct. no.28) debajyoti (allowed) CRM (DB) 2425 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Santipur Police Station Case No.784 of 2021 dated 05-10-2021 under Sections 395/412 of the Indian Penal Code.

- A n d - In the matter of : Raju Biswas .... Petitioner.

Mr. Sumanta Das ... For the Petitioner.

Mr. Joydeep Roy, learned Jr. Govt. Adv., Ms. Nandini Chatterjee ... For the State.

Mr. Aritra Bhattacharyya, Mr. S. Sarkar ... For the defacto complainant.

Dictated by Arijit Banerjee, J.

The petitioner claims parity citing orders dated May 03, 2024 and July 02, 2024 passed by coordinate Benches enlarging on bail other accused persons. The petitioner says that he stands on the same footing as those persons. While opposing the prayer for bail, learned advocates for the State and the defacto complainant draw our attention to the material in the Case Diary. However, in their usual fairness, they do not dispute that this petitioner and the co accused persons, who have been enlarged on bail as aforesaid, are similarly circumstanced. Hence, we allow this application for bail on the ground of parity. Accordingly, we direct that the petitioner, namely, Raju Biswas, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to Signed By :

DEBAJYOTI DAS High Court of Calcutta 6 th of September 2024 11:50:50 AM

the satisfaction of learned Additional Chief Judicial Magistrate, Ranaghat, Nadia. The petitioner shall appear before the learned 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. The petitioner shall remain within the jurisdiction of local police station and report to the Officer-in-Charge/Inspector-inCharge of the said police station once in every week, until further orders.

In the event the petitioner fails to comply with any of the conditions stipulated above, 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 being CRM (DB) 2425 of 2024 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 6 th of September 2024 11:50:50 AM