Nitai Pramanik v. State Of West Bengal

29.11.2023 sdas allowed CRM(DB) No. 4447 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 89 of 2023 dated 02.02.2023 under Sections 354/326/307/34 of the Indian Penal Code and subsequently charge-sheet submitted under Sections 354/307/506/34 of the Indian Penal Code.

And In Re : Nitai Pramanik ...... petitioner Mr. Sabir Ahmed Ms. Suman Biswas ....for the petitioner Mr. Abhra Mukherjee Mr. Arani Bhattacharyya .... for the State 1.

Learned Counsel for the petitioner submits he is in custody for 300 days. It is also submitted there is no progress since rejection of bail by this Court in May, 2023. He prays for bail.

2. Learned Counsel for the State opposes the bail prayer and submits co-accused has absconded.

3. We have considered the materials on record. Petitioner is in custody for a considerable period of time. He is not the principal accused. There is no progress since rejection of bail by this Court. Under such circumstances we are of the opinion further detention of the petitioner is not necessary and he may be enlarged on bail.

4. 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, Purba Medinipur at Tamluk subject to conditions 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.

5. 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.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)