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Calcutta High CourtCRM(DB)/90/2024allowed

Sanjay Tamang v. The State Of West Bengal

2024-03-12Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 12.03.2024 Court No.1 (D/L 04) (AK) CRM (DB) 90 OF 2024 In Re: An application for post arrest bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Bagdogra Police Station Case No. 224 of 2018 dated 22.07.2018 under Sections 302/34 of the IPC.

And In the matter of: Sanjay Tamang ... Petitioner.

Ms. Suman Sehanabis (Mandal) Ms. Anwesha Chakraborty ... for the petitioner.

Mr. Nilay Chakraborty Mr. Kallol Nag ...for the State.

1. The material placed before us does not disclose any involvement of the petitioner in the alleged offence. Our view is buttressed by the fact that the petitioner was named by the principal accused and the principal accused was also granted bail by a coordinate Bench on 24th January, 2024 in CRM(DB) 719 of 2023.

2. We are accordingly of the view that the petitioner's prayer for bail should be granted.

3. The petitioner shall accordingly be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local,

to the satisfaction of the Learned Additional Session Judge 1st Court at Siliguri. The petitioner shall not induce or influence witnesses or tamper with evidence in any manner whatsoever. The petitioner shall not leave the local limits of the concerned Police Station during the entire period of trial without obtaining leave from the learned Court.

4. C.R.M.(DB) 90 of 2024 is accordingly allowed and disposed of in terms of the above.

(PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA, J.)