Arup Samanta And ORS v. State Of West Bengal

23.12.2022.

50.

as (Allowed) C.R.M. (DB) 4560 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khanakul P. S. Case No.522 of 2022 dated 30.11.2022 under Sections 143/341/323/325/326/307/506/34 of the Indian Penal Code.

In the matter of : Arup Samanta & Ors.

.... Petitioners.

Mr. Santanu Talukdar, Mr. Sompurna Chatterjee Mr. Sourav Mondal.

...for the Petitioners.

Mr. Prasun Kr. Dutta, ld. A.P.P., Mr. Pradipta Kr. Ganguly.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record. Injuries are simple. Whether the petitioners intended to murder the victim requires to be assessed during trial.

Keeping in mind the aforesaid facts, we are inclined to grant bail to the petitioner.

Accordingly, the petitioners viz., Arup Samanta, Sukumar Pal @ Bhutu, Ramesh Mondal and Tarak Maity 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 Additional Chief Judicial Magistrate, Arambagh, Hooghly 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.

In the event the 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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)