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Calcutta High CourtCRM (DB)/3943/2023allowed

Tapas Sarkar @ Biswas And ANR v. State Of West Bengal

2023-10-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

11.10.2023 b.das Ct.No. 28 C.R.M. (DB) 3943 of 2023 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Karimpur P.S case no. 22 of dated 30.01.2022 under sections 279/388/325/307/427/34 of the Indian Penal Code. and Allowed In Re : Tapas Sarkar @ Biswas & Anr.

... petitioners Mr. Asraf Mandal ...... for the petitioners.

Mr. Neguive Ahmed Ms. Trina Mitra ...... for the State 1.

The petitioners submit that eye-witness, Sohel Mondal has not supported the prosecution case. Co-accused Ranjit Biswas @Sarkar has been enlarged on bail. The petitioners pray for bail.

2.

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

We have considered the materials on record. The eyewitness Sohel Mondal has not supported the prosecution case and the petitioners stand on the same footing with the coaccused Ranjit Biswas @Sarkar. 4.

Accordingly, we are inclined to grant bail to the petitioners.

5.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Tehatta, Nadia on condition that the petitioners shall appear before the trial court on every

date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

7.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)