Biraj Sarkar And ORS v. The State Of West Bengal

AD-21 Ct No.01 Jalpaiguri 07.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (DB) 43 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.01.2023 in connection with Mathabanga Police Station Case No. 380 of 2020 dated 17.09.2020 under Sections 147/148/149/324/326/302 IPC.

And In the matter of: Biraj Sarkar and others .... petitioners Mr. Subhasish Misra, Mr. Swarup Das ... for the petitioners Mr. Aditi Shankar Chakraborty, Mr. Biswarup Roy ... for the State Learned counsel for the petitioners places reliance on a previous order dated January 30, 2023 passed in CRM (DB) 456 of 2022, whereby a co-accused person standing on a similar footing was released on bail. That apart, the allegations, it is alleged, is the result of a political enmity and the petitioner is not the principal accused. Learned counsel for the State opposes the prayer for bail. However, keeping in view the above circumstances, we are inclined to grant bail to the petitioner.

Accordingly, CRM (DB) 43 of 2023 is allowed, thereby granting bail to the petitioners on condition that the petitioners furnish bonds of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Mathabanga, Cooch Behar. The sureties may be common for all the petitioners.

The petitioners shall not leave the territorial jurisdiction of the trial court during the entire period of trial and shall attend on each day of trial.

The petitioners shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such persons from disclosing such facts to any police officer or the court and/or tamper with the evidence in any manner whatsoever.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)