Sridas Hansda v. The State Of West Bengal

38.

27-02-2025 CRM (DB) 19 of 2025 (ct. no.29) S. De (Allowed) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Panrui Police Station Case No. 48 of 2022 dated 24.03.2022 under Sections 302/201 of the Indian Penal Code. And In the matter of : Sridas Hansda.

......Petitioner.

Mr. Saryati Dutta, Mr. Sanjib Kr. Dan, Mr. Chitrak Biswas, ......for the Petitioner.

Ms. Minoti Gomes, Mr. Arup Sarkar, ......for the State.

Dictated by Arijit Banerjee, J.

1. Status report filed by the State be kept with the records.

2. From the report we see that 12 out of 49 chargesheet named witnesses have been examined till date. However, the prosecution proposes to examine only 6 more witnesses.

3. The report also states that the petitioner has no criminal antecedents. The petitioner is in custody for about 2 years and 4 months which is a long period of time. Since 6 more witnesses are intended to be examined, an early conclusion of the trial looks unlikely.

4. Therefore, considering the period of detention of the petitioner and also noting that he has no criminal antecedents, we are inclined to allow the prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Sridas Hansda 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, Suri, Birbhum subject to the condition that he 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 and on further condition that the petitioner, while on bail, shall remain within the jurisdiction of the Suri Police Station and shall meet the Inspector-in-Charge of the Suri police station once in a week until further orders.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

7. The application for bail is, accordingly, allowed.

8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)