Nitai Jana And ORS v. State Of West Bengal

17.12.2020 Sl. No.44 akd [ALLOWED] C. R. M. 9818 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.11.2020 in connection with Chandipur Police Station Case No. 121 of 2020 dated 07.06.2020 under Sections 447/448/323/325/307/506/34/302 of the Indian Penal Code. (G.R. Case No.934 of 2020) And In Re: Nitai Jana & Ors.

... ... Petitioners Mr. Amitabha Karmakar .. Advocate ... ... for the petitioners Mr. Swapan Banerjee .. Advocate Mrs. Purnima Ghosh .. Advocate ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 185 days.

Learned advocate appearing for the State opposes the prayer for bail.

Allegations are general and omnibus in nature. In view of the aforesaid fact and bearing in mind the period of detention suffered by the petitioners, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely (1) Nitai Jana, (2) Rabindranath Jana @ Vima Jana & (3) Mantu Kumar Jana @ Mantu Jana, 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 Chief Judicial Magistrate, Purba Medinipur at Tamluk subject to condition that the said petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)