Sonu Shaw v. The State Of West Bengal

CALCUTTA HIGH COURT Appellate Side Court No.8 Sl.31 Ssi/jayanta 22.10.

C.R.M. (DB) 3576 of 2024 In Re:- An application for bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita corresponding to erstwhile Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Shibdaspur Police Station Case No.57 of 2024, dated 26.03.2024 under Sections 341/326/307/506 of the Indian Penal Code.

In the matter of:-Sonu Shaw.

Mr. Debasis Kar Mr. Arka Tilak Bhadra ...for the petitioner Ms. Shaila Afrin Mr. Nazmul Tauhid ...for the State This is an application for bail under Section 439 of the Criminal Procedure Code in respect of Shibdaspur Police Station Case No. 57 of 2024 dated 26.03.2024 under Sections 341/326/307/506 of the Indian Penal Code .

Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody for about 7 months and charge sheet has already been submitted in connection with the instant case. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for bail. Considering the custody already suffered by the petitioner in connection with the instant case, we are

inclined to allow the petitioner's application for bail. Let the petitioner 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 ACJM, Barrackpore subject to the conditions that during trial the petitioner shall appear before the learned trial Court regularly and shall meet the Officer in Charge of the Shibdaspur Police Station once a fortnight until further orders and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it shall be open to the trial Court to cancel the bail without any further reference to this Court.

The application for bail is, thus, allowed.

Criminal Section is directed to provide certified copy of this order, if applied for, be given to the parties upon completion of requisite formalities.

(Biswaroop Chowdhury, J.) (Jay Sengupta, J.)