Sandip Ghosh v. State Of West Bengal

28.11.2022 sdas allowed CRM(DB) No. 4175 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Salar Police Station Case No. 100 of 2022 dated 18.05.2022 under Sections 406/409/420/468 of the Indian Penal Code.

And In Re : Sandip Ghosh ...... petitioner Mr. Shibaji Kumar Das Mrs. Jagriti Bhattacharya .....for the petitioner Mr. Rudradipta Nandy, learned APP Mrs. Sonali Das ..... for the State Learned Counsel appearing for the petitioner submits he is in custody for 182 days. It is also submitted that investigation is complete.

Learned Counsel appearing for the State opposes the prayer for bail and submits petitioner had defalcated money entrusted to him by the customers of a nationalized bank. We have considered the materials on record. Investigation is complete. There is little possibility of the trial concluding in the near future. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to him.

Accordingly, we direct that the petitioner 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, Murshidabad, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)