Amit Das v. State Of West Bengal

20.10.2020 item No. 16 Sdas CRM 7858 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No.

of dated 19.08.2020 under Sections 498(A)/326/494/34 of the Indian Penal Code.

And In Re : Amit Das ...... petitioner Mr. S. G. Chowhdury .....for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ....for the State Reports of the learned Registrar General and Registrar(Listing) are placed on record. It appears from the report that two bail applications on behalf of the petitioner were sent via email to the registry on 30.09.2020 and 01.10.2020. They were numbered as CRM 7785 of 2020 and CRM 7858 of 2020 respectively. Inadvertently, the bail applications were placed before different Benches. We are informed that the co-ordinate Bench presided over by Justice Soumen Sen has released the bail application bearing CRM 7858 of 2020.

Report also indicates that the direction given by this Court with regard to listing of all subsequent bail applications/anticipatory bail applications before the selfsame Bench/ Presiding Judge who had dealt with the initial application has been communicated to the Joint and Deputy Registrars (Court) and the Computer Department for necessary compliance. Joint and Deputy Registrars (Court) and the Computer Department are directed to comply with such direction subject to the availability of the Bench/ Presiding Judge.

In view of the multiple bail applications filed on behalf of the petitioner, liberty is given to him to proceed with the former bail application being CRM 7785 of 2020.

Accordingly, bail application being CRM 7858 of 20202 is dismissed as not pressed.

In Re : CRM 7785 of 2020 Having considered the materials on record and bearing in mind the facts and circumstances of the case and as other accused persons have been granted pre-arrest bail, we are of the opinion that further detention of the petitioner is not necessary and he may be granted bail.

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 Additional Chief Judicial Magistrate, Chandannagar subject to the condition that the 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.

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.

The application for bail is, accordingly, allowed.

Copy of this order be communicated to the Registrar (Listing) and the Joint and Deputy Registrars (Court) for necessary compliance.

(Md. Nizamuddin, J.) (Joymalya Bagchi, J.)