Gopal Barman @ Gopal Chandra Barman v. State Of West Bengal

20.12.2021 tkm/ct 28 C.R.M. 8217 of 2021 sl no. 122 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Balurghat P.S case no. 538 of 2019 dated 28.10.2019 under sections 341/448/323/302/506/34 of the Indian Penal Code And Allowed In Re : Gopal Barman @ Gopal Chandra Barman ...... petitioner Mr. M Mukherjee Mr. S Halder ...... for the petitioner Mr. M Sur Mr. D Paramanick ...... for the State Petitioner is in custody for 102 days and it is submitted that co-accused persons similarly circumstanced with the petitioner have been granted pre-arrest bail.

Learned lawyer for the State opposes the prayer for bail and submits that prayer for bail of other co-accused persons were turned down by this court.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime and as co-accused persons similarly circumstanced with the petitioner have been granted pre-arrest bail in CRM 143 of 2021, we are inclined to grant bail to petitioner.

Accordingly, the petitioner 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, Balurghat, Dakshin Dinajpur on condition that he shall appear

before the trial court on every date of hearing until further orders 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 8217 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)