Samar Biswas v. State Of West Bengal

30.09.2022 tkm/ct 28 C.R.M. (DB) 3510 of 2022 sl no. 89 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S case no. 811 of 2022 dated 6.12.2021 under sections 306/506/34 of the IPC and Allowed In Re : Samar Biswas ...... petitioner Ms. M Gomes ...... for the petitioner Mr. R D Nandi Ms. Sonali Das ...... for the State Petitioner is in custody for 45 days. It is submitted on behalf of the petitioner that he is not the principal accused. Learned lawyer for the State oppose the prayer for bail. We have considered the materials on record. Petitioner is not the principal accused. No electronic evidence in support of threat of uploading objectionable pictures on the internet is placed before us.

Keeping in mind the aforesaid circumstance and extent of complicity of the petitioner in the alleged crime, 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 ACJM Ranaghat, 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 (DB) 3510 of 2022 is disposed of.

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