Manisha Tushar Patel v. The State Of West Bengal

20.12.2023.

111.

Ct.No.28.

as (Allowed) C.R.M. (DB) 4630 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhowanipore P.S. Case No.205 of 2010 dated 11.05.2010 under Sections 302/394/34 of the Indian Penal Code.

In the matter of : Manisha Tushar Patel .... Petitioner.

Mr. Y. J. Dastoor, Mr. C. K. Jain.

...for the Petitioner.

Mr. Debasis Roy, ld. P.P., Mrs. Anasuya Sinha, Mr. Amanul Islam.

...for the State.

1.

Petitioner is in custody for more than 13 years. There is inordinate delay in trial. Co-accused has been enlarged on bail. 2.

Learned Advocate for State opposes the bail prayer. 3.

We have considered the materials on record. There is inordinate delay in trial. On such score, co-accused has been enlarged on bail.

4.

Hence, petitioner is entitled to similar relief. 5.

Accordingly, the petitioners 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, South 24-Paraganas at Alipore subject to condition that he 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.

6.

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

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)