Sudhin Ghosh v. State Of West Bengal

28.08.2023 Sl. No.14 akd [ALLOWED] C. R. M. (DB) 3193 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.08.2023 in connection with Electronic Complex Police Station Case No.65 of 2023 dated 11.05.2023 under Sections 420/408/477A/467/468/471 of the Indian Penal Code. (G.R. Case No.463 of 2023) And In Re: Sudhin Ghosh ... ... Petitioner Mr. Mrityunjoy Chatterjee ... ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 57 days. It is also submitted further detention for the purpose of investigation is not necessary. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Sudhin Ghosh, 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, North 24-Parganas at Barasat 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)