Subrata Maity v. State Of West Bengal

06.11.2024 Sl. No.91 SG [ALLOWED] C. R. M. (DB) 3318 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.09.2024 in connection with Mahisadal Police Station Case No. 231 of 2024 dated 25.05.2024 under Sections 120B/143/147/148/149/302/341/506 of the Indian Penal Code.

And In Re: Subrata Maity ... ... Petitioner Mr. Mrityunjoy Chatterjee Mr. D. Samanta Ms. Debapriya Majumder Mr. S. Maity Mr. A. Sarkar Mr. Arindam Paoli ... ... for the petitioner Mr. Madhusudhan Sur Ms. Baishakhi Chatterjee ... ... for the State

1. Petitioner is in custody for 166 days. It is contended FIR was registered against 41 accused persons. 21 of them have been discharged and charge sheet was filed against 20 accused including the petitioner. Accordingly, he prays for bail.

2. Learned Advocate for the State submits name of the petitioner has transpired in the statements of witnesses before Magistrate.

3. We have considered the materials on record. We have also examined statement of witnesses before police as well as Magistrate. Some of the witnesses named the discharged accused also before police. No cogent explanation is forthcoming why they were discharged.

It appears investigating agency has adopted 'pick and choòse' method to Signed By :

SOURAV GHOSH High Court of Calcutta 7 th of November 2024 10:25:13 PM

prosecute the petitioner and others. It is also relevant to note allegations against the petitioner are generic in nature. There is no chance of abscondence.

4. Under such circumstances, we are inclined to grant bail to the petitioner.

5. Therefore, the accused/petitioner, namely Subrata Maity, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten 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, Haldia, Purba Medinipur subject to condition that the said petitioner 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.

6. 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.

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 7 th of November 2024 10:25:13 PM