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Calcutta High CourtCRM/9070/2021allowed

Avishek Mukherjee @ Avi v. State Of West Bengal

2021-12-30Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Bibhas Ranjan De2 pages

30.12.2021 Serial no. 14 Dd/Srimanta (Through Video Conference) CRM 9070 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Barrackpore Police Station Case No. 137 of 2019 dated 22.09.2019 under Sections 302/201/34 of the Indian Penal Code now No. as SC-02/2020 with S.T. 03(01) of 2021.

-AndIn the matter of : Avishek Mukherjee @ Avi ... ...Petitioner Mr. Debasis Kar, Mr. A. Chakraborty, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Ld. P.P(in-charge) Mr. Subrata Roy, Mr. Pratick Bose, Advocates ... ...For the State Considering the period of detention, the progress in the trial, materials on record and the age of the petitioner, we are of the opinion that this is a fit case for grant of bail on stringent conditions.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate Barrackpore subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. This application for bail is allowed.

(Shampa Sarkar, J.) (Bibhas Ranjan De, J.)