Bhadu Ray v. State Of West Bengal

21.10.2020 SL No.100 AP CRM 8470 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Habibpur P.S. Case No.176/2020 dated 07.06.2020 under Section 304 of the Indian Penal Code.

And In the matter of: Bhadu Ray ....Petitioner.

Mr. Kazi Rana ...for the Petitioner.

Mr. Saibal Bapuli, Ld. A.P.P., Mr. Arani Bhattacharyya ...for the State.

It is submitted on behalf of the petitioner that he is not the principal accused and he is in custody for about 141 days and the investigation is complete.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime and in view of the period of detention suffered by the petitioner and as the investigation is completed, we are inclined to grant bail to the petitioner.

Let the petitioner 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 Chief Judicial Magistrate, Malda subject to the condition that during bail the petitioner shall appear before the learned trial court regularly till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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 any further reference to this Court.

The application for bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)