Chakradhari Yadav @ Karan Lalbahadur v. The State Of West Bengal

48.

08.10.2024 Court No.28 (S. De) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3262 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Parnasree Police Station Case No. 22/2020 dated 18.01.2020 under Sections 395/120B of the Indian Penal Code, 1860.

And In the matter of: - Chakradhari Yadav @ Karan Lalbahadur. ...petitioner.

Mr. Arnab Sinha Mr. Amartya Basu ...for the petitioner.

Mr. Pravash Bhattacharya, Ms. Diksha Ghosh ...for State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated October 7, 2024, passed in CRM (DB) 2877 of 2024, whereby a coordinate Bench enlarged on bail a co-accused person, namely Avinash Kumar Shaw, on the ground of delay in progress of trial. The petitioner says that he stands on the same footing as Avinash Kumar Shaw and he is also in custody for more than four years and seven months.

2. While opposing the prayer for bail learned Advocate for the State, in his usual fairness, does not dispute that insofar as delay is concerned, this petitioner is similarly circumstanced as Avinash Kumar Shaw.

3. Hence, on the ground of parity and on the ground of delay, we allow the petitioner's prayer for bail.

Signed By :

SANDIP DE High Court of Calcutta 8 th of October 2024 04:48:04 PM

4. Accordingly, we direct that the petitioner, namely, Chakradhari Yadav @ Karan Lalbahadur shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, South 24-Parganas at Alipore, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not leave the territorial jurisdiction of the concerned Police Station and shall report to the Officer-inCharge of the Anti Rowdy Squad, Kolkata Police once in a fortnight, until further orders.

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail being CRM (DB) 3262 of 2024 is accordingly disposed of.

7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 8 th of October 2024 04:48:04 PM