Kanchan Deb v. The State Of West Bengal

20.12.2023 sdas allowed CRM(DB) No. 4657 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kasba Police Station Case No. 172 of 2021 dated 26.06.2021 under Sections 120B/419/420/467/468/471/170/188/276 of the Indian Penal Code read with Section 58(1) of the Disaster Management Act. And In Re : Kanchan Deb ...... Petitioner Mr. Sabyasachi Chatterjee Mr. Omar Faruk Gazi Mr. Dipankar Das ....for the petitioner Mr. Debasish Roy, learned PP Mr. Rudradipta Nandy, learned APP Mrs. Mayukhi Mitra .... for the State 1.

Heard the learned Counsels for the parties.

2. We have considered the materials on record. Petitioner is in custody for 911 days. Co-accused are on bail. There is little possibility of trial commencing in the near future. Accordingly, we are inclined to grant bail to the petitioner.

3. 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, Alipore, South 24 Parganas, 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.

4. 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.

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