Amit Gupta @ Chotu v. State Of West Bengal

06.11.2024.

100.

Ct.No.28.

as/sdas (Allowed) C.R.M. (DB) 3364 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Belur P.S. Case No.149 of 2022 dated 02.07.2022 under Sections 489B/489C/120B of the Indian Penal Code. In the matter of : Amit Gupta @ Chotu.

.... Petitioner.

Mr. Sagnik Bhattacharya.

...for the Petitioner.

Mr. Anindya Sundar Chatterjee.

...for the State.

1.

Petitioner is in custody for over two years. There is slow progress in trial. He renews his bail prayer. 2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Though allegations are grave, we note that petitioner has suffered under trial detention for a considerable period. Only three out of ten witnesses have been examined. There is little possibility of trial concluding in the near future.

4.

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

5.

Accordingly, the petitioner viz., Amit Gupta @ Chotu 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, Howrah subject to condition that he shall appear before the trial court on every date of hearing until further Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 04:04:55 PM

orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event the petitioner fails to appear before the Trial Court 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.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 8 th of November 2024 04:04:55 PM