Chaittannya Halder @ Bayish v. State Of West Bengal

10.12.2021 Sl. No.152 akd [ALLOWED] C. R. M. 8218 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.12.2021 in connection with Bhimpur Police Station Case No. 288 of 2021 dated 14.10.2021 under Sections 341/325/326/307/506/34 of the Indian Penal Code. And In Re: Chaitannya Halder @ Bayish ... ... Petitioner Mr. Sumanta Das ... ... for the petitioner Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Mr. Arani Bhattacharyya ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 57 days. There was a free fight. Case and counter-case are registered over the selfsame incident.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. There was a free fight and case and counter-case have been registered over the selfsame incident. Under such circumstances and bearing in mind the period of detention suffered by the petitioner, we are of the opinion that further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Chaitannya Halder @ Bayish, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Krishnagar, Nadia subject to condition that the said petitioner 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 for bail, thus, stands allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)