Sukhendu Das v. State Of West Bengal
23-12-2024 (ct. no. 29) KOLE Allowed CRM (DB) 3067 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Singur Police Station Case No. 230 of 2023 dated 16.06.2023 under Sections 420/406/409 of the Indian Penal Code. - A n d - In the matter of : Sukhendu Das .... Petitioner.
Mr. Raj Kumar Sharma, Ms. C. Sharma, ... For the Petitioner.
Mr. Madhusudan Sur, Mr. S. Banerjee, ... For the State.
Order dictated by Partha Sarathi Sen, J.:
1.
Report as submitted on behalf of the State is taken on record.
2.
It is submitted on behalf of the petitioner that considering the fact that the petitioner is languishing in judicial custody since 27.06.2023 and also considering the fact that the progress of trial is very slow, the instant application for bail may be considered favourably.
3.
Learned State Advocate opposes the bail prayer. He submits before this court that the petitioner has failed to place any supervening circumstances after passing of the order of rejection of bail by a Coordinate Bench on 05.02.2024.
4.
On perusal of the entire materials as placed before this court, it appears that admittedly the progress of the trial is very slow. It further reveals that the present petitioner is languishing in judicial custody for almost 17 months. It appears to us that the Signed By :
ABHIJIT KOLE High Court of Calcutta 24 th of December 2024 11:18:53 AM
trial before the learned Trial Court is based on documentary evidence which has/have been collected in course of investigation. 5.
Considering such circumstances, we are inclined to enlarge the petitioner on bail.
6.
Accordingly, we direct that the petitioner, namely, Sukhendu Das, shall 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 Chief Judicial Magistrate, Hooghly subject to condition that he 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 and on further condition that the petitioner while on bail shall not leave the jurisdiction of the learned Trial Court without prior permission and shall not enter within the jurisdiction of Singur Police Station and shall provide his current address where he will reside to the jurisdiction of the concerned police station shall meet the officer-in-charge of the concerned police station once in a fortnight until further orders. 7.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.
8.
The application for bail is, accordingly, allowed. 9.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Partha Sarathi Sen, J. ) ( Arijit Banerjee, J. ) Signed By :
ABHIJIT KOLE High Court of Calcutta 24 th of December 2024 11:18:53 AM