Indrajit Sarkar v. State Of West Bengal

10.12.2020 Sl. No.34 akd [ALLOWED] C. R. M. 10184 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.11.2020 in connection with Hemtabad Police Station Case No. 188 of 2020 dated 12.09.2020 under Sections 448/323/324/326/307/354/34 of the Indian Penal Code. (G.R. Case No.1670 of 2020) And In Re: Indrajit Sarkar ... Petitioner Mr. Sudip Guha .. Advocate ... for the petitioner Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Mr. Soumik Ganguli .. Advocate ... for the State It is submitted on behalf of the petitioner that he is in custody for about 89 days. It is further submitted that the incident occurred in course of a land dispute and without premeditation.

Learned advocate appearing for the State opposes the prayer for bail and submits that a number of victims were injured. We have considered the materials on record. Allegation of assault may be assessed in the light of the aforesaid submission made on behalf of the petitioner. In view of the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion that further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Indrajit Sarkar, be released on bail upon furnishing a bond of Rs.

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 for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)