Altaf Baidya@Altab Baidya v. State Of West Bengal

CRM (DB)/ 3614 of 2022 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baruipur Police Station Case No. 1355 of 2019 dated 23.06.2019 under Section(s) 302/34 of Indian Penal Code read with Sections 25/27 of the Arms Act.

And In the matter of: Altaf Baidya @ Altab Baidya ...petitioner 14.10.2022 (AD 68) (S. Banerjee/ AKG) Mr. Joydeep Biswas Mr. Kaushik Ghosh ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State For more than three years three months, the accused is in detention. Investigation is long over. Charge sheet was filed on 23rd August, 2018.

The trial has not commenced till date. There is no reason that the accused should be further detained. Accordingly, we allow this application for bail. The petitioner may 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 Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas on usual conditions as stipulated below:

1) The petitioner shall deposit his passport, if he has one, with the investigation officer.

2) He shall report before the said officer as and when summoned.

3) The petitioner shall not leave the limits of the South 24 Parganas district without properly and satisfactorily informing the Officer in Charge of the Baruipur Police Station.

4) He shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

The application for bail is thus disposed of. (Supratim Bhattacharya, J.) (I. P. Mukerji, J.)