Sagar Karmakar v. State Of West Bengal

13.10.2020 tkm C.R.M. 7809 of 2020 sl no. 22 (via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kulti P.S. Case No. 465 of 2019 dated 12.11.2019 under Sections 392/395/397/412 of the Indian Penal Code read with sections 25/27/35 of the Arms Act And Allowed In Re : Sagar Karmakar ...... petitioner Mr. B Banerjee Mr. S Deb Roy ...... for the petitioner Mr. Swapan Banerjee Ms P Ghosh ...... for the State Petitioner is in custody for more than 300 days and it is submitted on behalf of the petitioner that co-accuseds have been granted bail.

Learned lawyer for the State opposes the prayer for bail and submits that stolen cash was recovered from the petitioner. Having considered the materials on record and bearing in mind the nature of allegations and the extent of complicity of the petitioner in the alleged crime and as he stand on the same footing with co-accuseds who have been granted bail, we are inclined to extend same privilege to the petitioner also. Accordingly, the petitioner 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 CJM, Paschim Bardhaman on condition that the petitioner 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.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM 7809 of 2020 is disposed of. (Moushumi Bhattacharya, J.) (Joymalya Bagchi, J.)