Gobindo Patro @ Gobinda Patra v. The State Of West Bengal

26.02.2025 DL-77 Court No.26 (Bail allowed ) CRM (DB) 4392 of 2024 (AD) In re : An application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sessions Case No.08 of 2018 arising out of Kulti Police Station Case No.181 of dated 01.05.2017 under Sections 302/201/394/411/34 of the Indian Penal Code (G.R. Case No.982 of 2017).

-AndIn the matter of : Gobindo Patro @ Gobinda Patra ... ... Petitioner Mr. Ayan Basu, Advocate Sk. Salim, Advocate Mr. Sumit Routh, Advocate ...for the petitioner Mr. Rana Mukherjee, Advocate Ms. Rita Datta, Advocate ...for the State

1. Petitioner stands implicated in a murder of two persons.

2. Petitioner is in custody in excess of seven years ten months.

3. Out of 35 prosecution witnesses only 4 stands examined at the trial.

4. Possibility of the trial concluding any time soon in the near future is bleak.

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

6. Accordingly, we direct that the petitioner, namely, Gobindo Patro @ Gobinda Patra, 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, Asansol, subject to conditions 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.

7.

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.

8.

Accordingly, the prayer for bail of the petitioner is allowed.

9.

CRM (DB) 4392 of 2024 is disposed of.

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