Kamlapati Yadav And ANR v. The State Of West Bengal

11.12.2024 Sr. No. 7 Ct. No. 28.

AB (Allowed) C.R.M. (DB) 3789 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sankrail Police Station Case No.410 of 2024 Dated 03.06.2024 under Sections 302/34 of the Indian Penal Code In the matter of : Kamlapati Yadav & Anr.

....Petitioners.

Mr. Souvik Mitter, Mr. Sanjib Seth .....For the Petitioners.

Mr. Antarikhya Basu, Mr. Arka Chakraborty .....For the State.

1. Heard learned Advocates for the parties.

2. Petitioners are in custody for more than six months. Case is based on circumstantial evidence. Co-accused has been enlarged on bail. Under such circumstances, we are inclined to extend the same privilege to the petitioners.

3. Accordingly, the petitioners, namely, Kamlapati Yadav and Hiralal Yadav shall 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 Chief Judicial Magistrate, Howrah, subject to condition that they 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 or commit similar offences in future.

Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 13 th of December 2024 11:59:46 AM

4.

In the event petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

5. This application for bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)