Jogesh Sharma And ORS v. State Of West Bengal

08.09.2022 as/ct 28 C.R.M. (DB) 3056 of 2022 sl no. 35 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chakdah P.S case no. 500 of 2022 dated 30.7.2022 under sections 448/325/326/307/354/34 the IPC and Allowed In Re : Jogesh Sharma & Ors.

...... petitioners Ms. Rupsa Sreemani ...... for the petitioners Mr. Binay Panda Ms. Puspita Saha ...... for the State Petitioners are in custody for 40 days. Case and counter case have been registered between the parties. They pray for bail. Learned lawyer for the State opposes the prayer for bail. We have considered materials on record. Allegation of attempt to murder requires to be assessed in the light of the submission that there is case and counter case between the parties.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Kalyani, Nadia on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 3056 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)