Supriya Roy Chowdhury v. State Of West Bengal

18.10.2023 Sl. No.34 akd [ALLOWED] C. R. M. (DB) 4084 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.10.2023 in connection with Burdwan Police Station Case No.118 of 2016 dated 01.02.2016 under Sections 395/397/326/307/412 of the Indian Penal Code and Sections 25/27 of the Arms Act. (G.R. Case No.492 of 2016) And In Re: Supriya Roy Chowdhury ... ... Petitioner Mr. Uday Sankar Chattopadhyay Mr. Rajashree Tah Ms. Trisha Rakshit Ms. Aishwarya Datta ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Subroto Roy ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than seven years. It is further submitted there is inordinate delay in trial. Co-accused has been enlarged on bail. Accordingly, he prays for bail.

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

3. We have considered the materials on record. Petitioner is in custody for more than seven years. Offences, if proved, would not attract mandatory life imprisonment. Co-accused has been enlarged on bail. Under such circumstances, we are inclined to extend the same relief to the petitioner also.

4. Therefore, the accused/petitioner, namely Supriya Roy Chowdhury, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two registered sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)