Manoranjan Hembram @ Manaranjan v. State Of West Bengal And ANR

10.03.2025 Serial no. 42 [Dd] (Bail allowed) CRM (DB) 4268 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of GR case No. 253 of 2024 corresponding to Jhargram Police Station Case No. 87 of 2024 dated 23.03.2024 under Sections 370(2)/372/120B/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Manoranjan Hembram @ Manaranjan ... ... Petitioner Mr. Amit Ranjan Pati, Mr. Swastika Choudhury, Advocates ... ... For the Petitioner Mr. Suman De, Ms. Suparna Chatterjee, Advocates ... ...For the State

1. Petitioner is in custody for a period in excess of 340 days.

2. Although the trial commenced, prosecution is yet to produce their witnesses despite dates being fixed for such purpose.

3. Noticing that the trial is in progress, we adjourn the matter on February 24, 2025. Even then, the prosecution did not produce its witnesses on March 7, 2025 before the learned jurisdictional Court.

4. Purely on the principles of Article 21 of the Constitution of India, we grant bail to the petitioner.

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhargram subject to condition that the petitioner shall appear before the learned

trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

7. The prayer for bail of the petitioner is allowed.

8. CRM(DB) 4268 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)