Sourav Halder v. State Of West Bengal

06.01.2022 tkm/ct 29 C.R.M. 8998 of 2021 sl no. 45 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bhimpur P.S Case no. 289 of 2021 dated 14.10.2021 under sections 341/325/326/307/506/34 of the IPC And Allowed In Re : Sourav Halder ........ petitioner Mr. P Majumder ...... for the petitioner Mr. P K Datta Mr. S Deb Roy ...... for the State Petitioner is in custody for 85 days. It is submitted on behalf of the petitioner that there was a free fight between the parties. Case and counter-case were registered between them. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Case and counter-case between the parties over the incident. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner be 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 CJM, Krishnanagar, Nadia on condition that the petitioner 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 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 8998 of 2021 is disposed of. (Bibhas Ranjan De, J.) (Joymalya Bagchi, J.)