Sridhar Paridha@ Rahul v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 27.11.2020 ks Item no.18 Bail allowed C.R.M. No.9462 of 2020 Sridhar Paridha @ Rahul & Anr.

-vsThe State of West Bengal In Re: An application for bail under Section 439 CrPC in connection with Belur P.S. Case No.01 of 2020 dated 01.01.2020 under sections 302/120B/34 of the IPC.

Mr. Soumya Basu Roy Chodhuri ...for the petitioners.

Mr. Sudip Ghosh, Mr. Apurba Kr. Dutta ... for the State.

The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

Petitioners renew their prayer for bail. They submit that they are not the principal assailants and there is hardly any possibility of the trial concluding in the near future due to prevailing conditions. Learned Advocate appearing for the State opposes the prayer for bail and submits that the petitioners were the members of the unlawful assembly and had used a bamboo stick to assault the victim and others.

Having considered the materials on record, we find that the death of the victim was due to a blow by a cement block. In view of the extent of complicity of the petitioners in the alleged crime and as there is little possibility of the trial concluding in the near future, we are inclined to grant bail to the petitioners. Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Howrah subject to the condition

that while on bail the petitioners shall appear before the learned trial court regularly till the disposal of the trial and the petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail of the petitioners without any further reference to this court. CRM No. 9462 of 2020 is disposed of.

[ Kausik Chanda, J] [Samapti Chatterjee, J]